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Madras High CourtCRL OP(MD)/2225/2016allowed

Murugesan v. The Inspector Of Police

2016-02-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.2225 of 2016 1.Murugesan 2.Backyalakshmi ... Petitioners/Accused 2 and 3 vs.

State represented by Inspector of Police Vadipatti Police Station Madurai District ... Respondent/Complainant (Crime No.56 of 2016) PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider the bail application of the petitioners / Accused to be filed in Crime No.56 of 2016, on the file of the respondent Police and to accept their surrender on the same day on merits.

For Petitioners : Mr.N.Ranjith For Respondent : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioners has submitted that the petitioner has come forward with this petition seeking for a direction to the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider the bail application of the petitioners on the same day on their surrender in Crime No.56 of 2016, pending on the file of the respondent Police.

2. The learned counsel for the petitioners has also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 147, 323, 324 and 506(ii) I.P.C., r/w Section 3 (x) of S.C. & S.T. Act, 1989, 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 forward with the said prayer. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Criminal Side) takes notice for the respondent.

4.

Considering the submissions of both sides and also considering the nature of the prayer in this case, in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act, that the petitioners cannot move any anticipatory bail, the learned III Additional District and Sessions Judge (PCR Court), Madurai, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.56 of 2016, on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

5. With the above observation, this criminal original petition is disposed of.

Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar krk To

1. The III Additional District and Sessions Judge (PCR Court), Madurai.

2. The Inspector of Police, Vadipatti Police Station, Madurai District.

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

+One CC Mr.N.Ranjith, Advocate in Sr.No.7599 Cn/MPA/17.2.2016/5C-2P Crl.O.P(MD).No.2225 of 2016 08.02.2016 https://hcservices.ecourts.gov.in/hcservices/