Madras High CourtCRL OP(MD)/21623/2016disposed of

R.Kaliyamoorthi v. The Inspector Of Police

2016-11-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21623 of 2016 1.R.Kaliyamoorthi 2.R.Ramesh .. Petitioners/Accused rank not known Vs.

State rep. by The Inspector of Police, Lalgudi Police Station, Trichi District.

(Crime No.328 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), Trichy, to accept the surrender of the petitioners in Crime No.328 of 2016 on the file of the respondent and to consider the bail petition of the petitioner, which would be filed on the same day of the surrender.

For Petitioners : Mr.R.Pandi Maharaja For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned I-Additional District and Sessions Judge (PCR), Trichy, 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 accused in Crime No.328 of 2016 for the offences punishable under Sections 147, 294(b), 323 and 506(ii) of IPC read with Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, 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 the injured person had already been discharged from the hospital.

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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.328 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(RTI) /True Copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Lalgudi Police Station, Trichi District.

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

+ 1 CC TO MR.R.PANDI MAHARAJA, ADVOCATE IN SR NO. 68415 PJL TE/SS-3/SAR-CO : 15/11/2016 : 2P/5C (IT) Crl.O.P.(MD) No.21623 of 2016 14.11.2016 https://hcservices.ecourts.gov.in/hcservices/