Madras High CourtCRL OP(MD)/8715/2017disposed of

Asraf Ali v. The Dept. Supt. Of Police

2017-07-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8715 of 2017 1.Asraf Ali 2.Tajudeen 3.Kalilun Ansari 4.Humaunkabeer ... Petitioners/Accused Rank Not Known -vs1. The Deputy Superintendant of Police, Jeeyapuram, Trichy District.

2. The State represented by The Inspector of Police, Inamkulathur Police Station, Inamkulathur, Trichy District (Crime No.40 of 2017)

...Respondents / Complainants

3. Kalaiselvan ... Respondent / De-facto Complainant Prayer:Petition filed under Section 482 of Code of Criminal Procedure to direct the I Additional District and Sessions Judge Cum Special Judge, P.C.R. Court, Trichy to consider the bail application of the petitioners on the same day of his surrender before that court in connection with Crime No.40 of 2017 on the file of the Respondent.

For Petitioners : Mr.N.Anandkumar.

For R1 and R2 : Mr.K.Anbarasan, Government Advocate(Crl.side).

For R3 : Mr.B.Santhanam Rajesh.

O R D E R

This Criminal Original petition has been filed to direct the I-Additional District and Sessions Judge Cum Special Judge, P.C.R. Court, Trichy to consider the bail application of the petitioners on the same day of his surrender before that court in connection with Crime No.40 of 2017 on the file of the Respondent. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate(Criminal side) appearing for the first and second respondents and learned counsel appearing for the third respondent, 3.The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 324 IPC and Sections 3(1)(r), 3 (1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 2015, and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner have come forward with the said prayer.

4. The learned counsel for the petitioners and the learned counsel appearing for the de-facto complainant agreed that the bail application will be moved on 03.08.2017. The learned counsel counsel for the petitioners ensures the surrender of petitioners on 03.08.2017, before the Court concerned. On such surrender, the learned I-Additional District and Sessions Judge Cum Special Judge, P.C.R. Court, Trichy shall consider the bail application on the same day after hearing the objection of the de-facto complainant.

5. Recording the same, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1. The Deputy Superintendant of Police, Jeeyapuram, Trichy District.

2. The Inspector of Police, Inamkulathur Police Station, Inamkulathur, Trichy District.

3. I-Additional District and Sessions Judge Cum Special Judge, P.C.R. Court, Trichy.

+1cc to M/S. N.ANANDAKUMAR, Advocate, SR.No.68531. +1cc to M/S. S.SATHIYA CHIDAMBARAM, Advocate, SR.No.68651. Crl.O.P.(MD) No.8715 of 2017 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/ cmr/ls SDS/SKN:RSK/SAR 1/31.07.2017/2P/6C