Madras High CourtCRL OP(MD)/23899/2016disposed of

Duraiarasan v. The Inspector Of Police,

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.23899 of 2016 1.Duraiarasan 2.Moorthy 3.Kumar 4.Jeyakumar 5.Murali 6.Venkatesan 7.Vairamuthu 8.Prabhu 9.Vijayendran 10.Muthu 11.Murugan 12.Jeyaraman 13.Edumbam ... Petitioners/Accused -vsState rep. by the The Inspector of Police, Thiruvangadu Police Station, Nagapatinam District.

Crime No.181/2014 ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 1st Additional District and Sessions Judge (PCR),Thanjavur to accept their surrender and to consider bail application to be filed by them on the same on merits in Crime No.181 of 2014 on the file respondent police.

For Petitioners : Mr.A.Arun Prasad For Respondent : 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), Thanjavur, consider the bail application of the petitioners on the same day of their surrender, in connection with the case in Crime No.181 of 2014 pending on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 148, 323, 324, 452 and 506(ii) IPC r/w 3(1)of TNPPDL Act and r/w 3(1)(s), 3(1)(r) 3(1)(t), 3(2)(VA) of SC/ST (POA) Amendment Ordinance Act, in Crime No.181 of 2014 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 respondent. 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 (PCR), Thanjavur, within fifteen days from today and if they filed any bail application in this crime number, learned I Additional District and Sessions Judge,(PCR), 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 er To:

1.The I Additional District and Sessions Judge (PCR), Thanjavur.

2 The Inspector of Police,Thiruvangadu Police Station, Nagapatinam District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.A.Arun Prasad, Advocate Sr.No.83419 GJM/PM/SAR-I-29.12.16-2p-5C Crl.O.P.(MD) No.23899 of 2016 23.12.2016 https://hcservices.ecourts.gov.in/hcservices/