Madras High CourtCRL OP(MD)/3810/2016ordered

Senthamarai Kannan v. The Inspector Of Police

2016-03-03Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3810 of 2016 (*)1.Senthamarai Kannan @ Kannan 2.Sonai ... Petitioners/Accused 1 & 2 Vs.

The State rep. By, The Inspector of Police, Thirumangalam Police Station, Madurai District, Crime No.116 of 2016.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned III Additional District and Sessions (PCR Court) Judge, Madurai, to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.116 of 2016 on the file of the respondent.

For Petitioners: Mr.R.Sundar For Respondent : Mr.K.V.Rajarajan Government Advocate (Crl.Side)

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 (PCR Court) Judge, Madurai, to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.116 of 2016 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) 324, 506(ii) 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.

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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 (PCR Court) Judge, Madurai, 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.116 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. (*)Two weeks time is extended to the petitioner to surrender before the Court from the date of receipt of a copy of this order.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(Record) (*)Ammended as per order dated 16.03.2016 made in Crl MP(MD)No.2311/2011 in Crl.O.P(MD)No.3810/2016.

Assistant Registrar(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

To To be Substituted to the order already dispatched on 11.03.2016 1.The III Additional District and Sessions (PCR Court) Judge, Madurai 2.The Inspector of Police Thirumangalam Police Station, Madurai District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.R.Sundar, Advocate, SR No.14853 RR RG.AAL-MPA/SAR-I 11.03.2016 2P/5C rg.AAL-MPA/SAR-I 18.03.2016 2P.5C CRL.OP(MD)No.3810 of 2016 03.03.2016 https://hcservices.ecourts.gov.in/hcservices/