Madras High CourtCRL OP(MD)/4248/2016ordered

A. Dilip @ Dilipan v. Th Eassistant Commissioner Of

2016-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.4248 of 2016 1.A.Dilip @ Dilipan 2.R.Praba @ Prabaharan 3.T.Magesh 4.K.Pookadai Mani @ Manikandan 5.M.Vasanth rajesh @ vasantha kumar 6.A.Periyasamy @ Mohan Sundaram 7.N.Nagendran 8.M.Babu @ Kalaimani 9.L.Manikkam @ Senthil 10.P.Anand @ Anandha Kumar 11.J.Ranjith 12.N.Mohan Sundaram @ Sundarraj ..Petitioners vs.

1.State represented by The Assistant Commissioner of Police Srirangam Police Station Trichy 2.State represented by The Inspector of Police Uraiyur Police Station Trichy In Crime No.122 of 2016 ..Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned I Additional District and Sessions Judge (PCR), Trichy, to accept the surrender of the petitioners in Crime No.122 of 2016, on the file of the second respondent and to consider the bail petition of the petitioners, which would be filed on the same day of the surrender. For Petitioners : Mr.R.Pandi Maharaja For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioners has submitted that the petitioners have come forward with this petition seeking for a direction to the learned I Additional District and Sessions Judge (PCR), Trichy, to consider the bail application of the petitioners on the same day on their surrender in Crime No.122 of 2016, pending on the file of the second respondent Police.

2. The learned counsel for the petitioners has also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 324 and 506(ii) I.P.C., and Section 3 (1)(X) of S.C. & S.T. (POA) 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.

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3. The learned Government Advocate (Criminal 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 I Additional District and Sessions Judge (PCR), Trichy, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.122 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 the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS) To 1.I Additional District and Sessions Judge (PCR), Trichy. 2.The Assistant Commissioner of Police, Srirangam Police Station, Trichy.

3.The Inspector of Police, Uraiyur Police Station, Trichy.

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

+1cc to Mr.R.Pandi Maharaja, Advocate in SR.13928 Crl.O.P(MD).No.4248 of 2016 10.03.2016 krk PBK/AAL-MPA/SAR-I 11.03.2016 ::2p-6c:

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