Madras High CourtCRL OP(MD)/870/2017disposed of

Hari, v. The Deputy Superintendent Of

2017-01-27Honourable Mr Justice P. Kalaiyarasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM

THE HON'BLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.(MD).No.870 of 2017

1. Hari,

2. Rajkumar

3. Sanjay .. Petitioners/Accused Nos.19, 20 & 21 -Vs1. The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

2. The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

.. Respondents/ Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai to accept the surrender of the petitioners and to consider the bail application on the same day in accordance with law of their surrender in connection with Crime No.4 of 2017 on the file of the Inspector of Police, S.V.Mangalam Police Station , Sivagangai District.

For Petitioners : Mr.R.M.Makeshkumaravel For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the Learned Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai, to accept the surrender of the Petitioners and consider the bail application on the same day in Connection with the Crime No.4 of 2017 pending investigation on the file of the respondent police.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (crl. side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioners are arrayed as accused Nos.19, 20 and 21 in Crime No. 4 of 2017 for the alleged offences punishable under

Sections 143, 147, 294(b), 323, 324, 506(ii) of IPC, Section 4 of Women Harassment Act and Section 3(1) of TNPPDL Act, read with Section 3(1)(r) & (s) of SC/ST (Prevention of Atrocities) Act, 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. 4.Considering the nature of the offences and the request made by the petitioners, this Court issues the following direction:- "The petitioners are directed to surrender before the learned Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai, within ten days from the date of receipt of a copy of this order and to file bail application. The learned Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai, is directed to accept the surrender of the petitioners in Crime No.4 of 2017 and consider the petitioners' bail application and dispose of the same on merits and in accordance with law, on the same day of their surrender."

5.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Additional Sessions Judge , (Special Court for PCR Act Cases), Sivagangai.

2. The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3. The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

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

+ 1 CC TO Mr.R.M.MAKESHKUMARAVEL, ADVOCATE IN SR No. 4476 PJL TE/MR-VB/SAR-II : 02/02/2017 : 2P/6C Crl.O.P.(MD) No. 870 of 2017 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/