Madras High CourtCRL OP(MD)/3495/2016disposed of

Sundar v. The Inspector Of Police

2016-02-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.3495 of 2016 1.Sundar 2.Sankar 3.Dinesh 4.Rishi 5.Boobesh 6.Muthu 7.Selva .. Petitioners Vs.

State rep. By Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No. 70 of 2016) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the PCR Court, Sivagangai to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.70 of 2016 on the file of the respondent.

For Petitioners :: Mr.M.Subash Babu 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 PCR Court, Sivagangai to consider the bail application of the petitioners on the same day on their surrender in Crime No.70/2016 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 147, 341, 294(b), 323, 506(ii) I.P.C and Section 3(i)(x) of S.C. & S.T. (Prevention of Atrocities) 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 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 PCR Court, Sivagangai is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.70 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 (W) /True Copy/ Sub Assistant Registrar To 1.Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

2.The District Judge, Special Court for PCR Act cases Sivagangai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

One CC to M/s M.Subash Babu, Advocate in SR.No.11479 CN/SKS-RR/7.03.2016/2P-5C Crl. O.P.(MD) No.3495 of 2016 26.02.2016 https://hcservices.ecourts.gov.in/hcservices/