Madras High CourtCRL OP(MD)/21098/2016disposed of

Manikandan v. The Inspector Of Police

2016-11-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21098 of 2016 1.Manikandan 2.Sampath 3.Sathish 4.Shankar 5.Saminathan 6.Rajarajan 7.Rajapandi .. Petitioners/A2 to A6 and A8 & A9 Vs.

The Inspector of Police, Thirukattupalli Police Station, Thanjavur District.

(Crime No.309 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned I-Additional District and Sessions Judge, (PCR Court), Thanjavur, to consider the bail application on the same day on the petitioner's surrender in connection with Crime No.309 of 2016 on the file of the respondent police.

For Petitioners : Mr.G.Karnan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned IAdditional District and Sessions Judge, (PCR Court), Thanjavur, to consider the bail application of the petitioners on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents.

3 The petitioners are arrayed as A2 to A6 and A8 & A9 in Crime No.309 of 2016 for the offences punishable under Sections 147, 148, 294(b), 324 of IPC read with Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention https://hcservices.ecourts.gov.in/hcservices/

of Atrocities) Amendment Act, 2015, and that in view of the specific bar contained in Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition. 4.The learned Government Advocate (Crl. Side) would submit that A1 and A7 were already arrested and released on bail in Crime No.309 of 2016, and in counter case the accused was granted anticipatory bail.

5.Considering the facts and circumstances of the case, the petitioners are directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.309 of 2016 and consider the bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender.

6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar PJL To:

1.The I-Additional District and Sessions Judge, (PCR Court), Thanjavur.

2.The Inspector of Police, Thirukattupalli Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Karnan Advocate Sr.No.66337 JAM/14.11.16/PV/2p-5c Crl.O.P.(MD) No.21098 of 2016 07.11.2016 https://hcservices.ecourts.gov.in/hcservices/