Madras High CourtCRL OP(MD)/21440/2016ordered

Vijay v. The Inspector Of Police

2016-11-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21440 of 2016 1.Vijay 2.Thangaraj .. Petitioners/A-3 and A-4 Vs The Inspector of Police, Suthamalli Police Station, Cheranmahadevi Taluk, Tirunelveli District.

Crime No.286 of 2016 .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioners' bail application on the date of surrender before the Court in respect of Crime No.286 of 2016 on the file of the respondent police. For Petitioners : Mr.V.Angusamy For Respondent : Mr.K.Anbarasan, Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned II Additional District and Sessions Judge cum PCR Court, Tirunelveli, to consider the bail application 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 respondent.

3 The petitioners are arrayed as accused in Crime No.286 of 2016 for the offences punishable under Sections 147, 341, 294(b), 506(ii) of IPC read with Sections 3(1)(R), 3(1)(S), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition.

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4.The learned Government Advocate (Crl. Side) would submit that no-one sustained injury in the alleged occurrence. 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.286 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(CS-I) /True copy/ Sub Assistant Registrar To:

1.The II Additional District and Sessions Judge cum PCR Court, Tirunelveli.

2.The Inspector of Police, Suthamalli Police Station, Cheranmahadevi Taluk, Tirunelveli District.

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

+1 cc to M/s.V.Angusamy, Advocate in SR.No.68436 pm CSL/KB/SAR-III/27.11.2016: 2P/5C Crl.O.P.(MD) No.21440 of 2016 10.11.2016 https://hcservices.ecourts.gov.in/hcservices/