P. Maharajan v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3757 of 2016 1.P.Maharajan 2.M.Raja @ Sabarimalai 3.M.Ilayaraja 4.M.Rajendran 5.M.Kannan 6.M.Pandi @ Kutta Pandi 7.M.Thirupathi 8.M.Raja 9.M.Sabarimalai 10.Kannan @ R.Selvakkannan 11.C.Sabarimalai 12.Kannan @ S.Selvakkannan 13.S.Soundaram @ Soundarapandiyan 14.S.Jeyamani 15.S.Vellaiyan 16.V.Manoharan manoharaselvam 17.V.Thangam @ Thangamurugan 18.M.Rajammal 19.Lakshmi 20.Priya @ Jeyapriya 21.M.Theerthammal 22.R.Palanisamy 23.Thirugnanam ... Petitioners/Accused 1 to 23 Vs.
1.The State rep. By, The Deputy Superintendent of Police, Samayanallur Police Station, Madurai District.
2.The Inspector of Police, Samayanallur Police Station, Madurai District, Crime No.52 of 2016.
... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned III Additional District and Sessions Judge cum PCR (SC/ST Act) Court, Madurai, Madurai District to consider the bail application on the same day on their surrender in connection with Crime No.52 of 2016 on the file of the 2nd respondent police. For Petitioners : Mr.V.S.Kishok Kumar For Respondent : Mr.K.V.Rajarajan Government Advocate (Crl.Side) https://hcservices.ecourts.gov.in/hcservices/
ORDER
The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned III Additional District and Sessions Judge cum PCR (SC/ST Act) Court, Madurai, Madurai District, to consider the bail application of the petitioner on the same day on his surrender in Crime No.52 / 2016 pending on the file of the 2nd 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, 427, 294(b) 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 Government Advocate (Crl. Side) 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 learned III Additional District and Sessions Judge cum PCR (SC/ST Act) Court, Madurai, Madurai District, is directed to accept the surrender of the petitioners and consider the bail application, in the event of the petitioners filing such petition in Crime No.52 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.
With this observation, this petition is disposed of accordingly. Sd/ Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar.
To 1.The III Additional District and Sessions Judge Cum PCR(SC/ST ACT) Court, Madurai, Madurai District.
2.The Inspector of Police, Samayanallur Police Station, Madurai District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The Deputy Superintendent of Police, Samayanallur Division, Madurai District.
+1CC to Mr.V.S.Kishok Kumar, Advocate, SR.No. 11996. CRL.OP(MD)No.3757 of 2016 02.03.2016 AM/GSV.PM/SAR-I/04.03.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/