Madras High CourtCRL OP(MD)/23830/2016disposed of

Ramesh, v. The Deputy Superintendent Of

2016-12-23Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.23830 of 2016 1.Ramesh 2.Harisankar ... Petitioners/A2 and A3 -vsThe State rep. by 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Range, Thanjavur District.

2.The Inspector of Police, Papanasam Police Station, Thanjavur District.

... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Ist Additional District Judge (PCR Court), Thanjavur, to consider Petitioner's bail application to be filed by the Petitioners on their surrender in Crime No.451 of 2016 on the file of the respondent police on the same day on merits.

For Petitioners : Mr.A.Joseph Jerry For Respondents : Mr.A.P.Balasubramanian Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, consider the bail application of the petitioners/A2 and A3 on the same day, in connection with the case in Crime No.451 of 2016 pending on the file of the respondents police. 2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 324 IPC r/w Section 3(1)(x) SC/ST Act 1989, in Crime No.451 of 2016 and that in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the present petition for the said prayer.

3.Heard Mr.A.P.Balasubramani, the learned Government Advocate (Crl.Side) who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:-

The petitioners are directed to surrender before the learned I Additional District and Sessions Judge (P.C.R. Court), Thanjavur, within fifteen days from today and if they filed any bail application in this crime number, learned III Additional District and Sessions Judge, (PCR Court), Thanjavur, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself.

With this observation, this petition is disposed of accordingly.

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

1.The Ist Additional District and Sessions Judge, (PCR Court), Thanjavur 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Range, Thanjavur District.

3.The Inspector of Police, Papanasam Police Station, Thanjavur District.

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

+One cc to Mr.A.Joseph Jerry, Advocate, SR.No.83213 er RL/6C/2P/SKS/RR/SARI/29.12.2016 Crl.O.P.(MD) No.23830 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 23.12.2016