Madras High CourtCRL OP(MD)/4499/2016ordered

Tamilarasan@Chinnakuil v. The Inspector Of Police

2016-03-15Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4499 of 2016 1.Tamilarasan @ Chinnakuyil 2.Sakthivel 3.Sakthivel 4.Vijay 5.Santhana Krishnan 6.Ranjith 7.Balu 8.Mohana Sundaram ..Petitioners/Accused Vs The State represented by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(In Cr.No.50 of 2016) ..Respondent/Complainant (Presently investigated by the Deputy Superintendent of Police, Thiruvidaimaruthur) Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct I Additional Sessions Judge (PCR), Thanjavur to consider and dispose of the bail application filed by the petitioners in Crime NO.50 of 2016 on the file of the respondent herein on the same day of their surrender.

For Petitioners :Mr.A.Thiruvadikumar 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 I Additional Sessions Judge, PCR, Thanjavur to consider the bail application of the petitioners on the same day on their surrender in Crime No.50 of 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), 324 I.P.C. r/w Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Preventionn of Atrocities) Act, 1989 @ under Sections 147, 148, 294(b), 323 and 324 I.P.C. r/w Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Preventionn 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.

3. The learned Government Advocate(Crl.Side) takes notice for the respondent and submitted that the injured has already been discharged from the hospital.

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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 I Additional Sessions Judge, PCR, Thanjavur 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.50 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(Records) /True Copy/ Sub Assistant Registrar(CS) To 1.The I Additional Sessions Judge, PCR, Thanjavur.

2.The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

3.The Deputy Superintendent of Police, Thiruvidaimaruthur.

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

+1cc to M/s.A.Thiruvadikumar, Advocate in SR.14579 Crl.O.P.(MD)No.4499 of 2016 15.03.2016 ssl PBK/AAL-MPA/SAR-I 16/03/2016 ::2P-6C::

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