Madras High CourtCRL OP(MD)/22448/2016disposed of

Lenin v. The Inspector Of Police

2016-11-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22448 of 2016 1.Lenin 2.Siva 3.Prabakaran 4.Manikam .. Petitioners/A1,A2,A5 &A6 Vs State rep. by The Inspector of Police, Palanichettypatti Police Station, Theni District.

(Crime No.586 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Principal District and Sessions Court (PCR) Theni, Theni District, to consider the bail application of the petitioners/Accused 1,2,5 and 6 on the same day of surrender on merits in Crime No.586 of 2016 on the file of the respondent police.

For Petitioners : Mr.R.Suriya Narayanan For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned Principal District and Sessions Court (PCR) Theni, Theni District, 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.586 of 2016 for the offences punishable under Sections 147, 148, 149, 294 (b), 323, 324, 427, 506(ii) of IPC., read with Section 3(1)(r), 3

(2) V(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and that in view of the specific bar contained in Section 18 of the said Act, the petitioners cannot https://hcservices.ecourts.gov.in/hcservices/

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.

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.586 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(Crl /True Copy/ Sub Assistant Registrar PJL To:

1.The Principal District and Sessions Court (PCR), Theni, Theni District.

2.The Inspector of Police, Palanichettypatti Police Station, Theni District.

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

+1cc to Mr.R.Suriya, Advocate Sr.No. 73102 JAM/29.11.16/SK-SKN/SAR 1/2P-5C Crl.O.P.(MD) No.22448 of 2016 28.11.2016 https://hcservices.ecourts.gov.in/hcservices/