Madras High CourtCRL OP(MD)/2554/2016ordered

S.Alagarsamy v. The Inspector Of Police

2016-02-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P(MD).No.2554 of 2016 1.S.Alagarsamy 2.Ponnuthai 3.Ponamuthu .. Petitioners / Accused 1to3 Vs.

The Inspector of Police, Sannarpatti Police Station, Dindigul District.

(Cr. No.1 of 2016) .. Respondent / Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Sessions Judge (PCR), Dindigul to consider the bail application of the petitioners/accused Nos.1 to 3 in Cr.No.1 of 2016 on the file of the respondent police on the same day of surrender, on merits.

For Petitioners :: Mr.M.Murali For Respondent :: Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned Sessions Judge (PCR), Dindigul, to consider the bail application of the petitioners on the same day on their surrender in Crime No.1/2016 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323, 447, 506(i) of I.P.C., r/w 3(1)(X)of S.C. & S.T. (Prevention of Atrocities) Act 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.

3. The learned Additional Public Prosecutor who takes notice for the respondent would submit that no one has sustained injury in the occurrence.

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 Sessions Judge (PCR), Dindigul, is directed to consider the bail application, in the https://hcservices.ecourts.gov.in/hcservices/

event of the petitioners filing such petition in Crime No.1 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 this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Sessions Judge (PCR), Dindigul, 2.The Inspector of Police, Sannarpatti Police Station, Dindigul District.

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

+1 CC to Mr.M.MURALI, Advocate, SR No.9066 Crl. O.P. No.2554 of 2016 12.02.2016 PJL SH/SKS-RR:19.02.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/