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Madras High CourtCRL OP(MD)/4570/2016ordered

Ayyasamy Thevar v. The Deputy Superintendent Of

2016-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4570 of 2016

1. Ayyasamy Thevar

2. Durachiammal

3. Thirumala Thevar ... Petitioners Vs.

1. The Deputy Superintendent of Police, Kovilpatti, Tuticorin District.

2. The Inspector of Police, Kayathar Police Station, Tuticorin District.

(Crime No.106 of 2016) ... Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned II Additional District and Sessions Judge, PCR Court, Tirunelveli to acept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.106 of 2016 pending investigation on the file of the first respondent.

For Petitioners : Mr.M.Veilkani Raju For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioners submitted that the petitioners have come forward with this petition seeking for a direction to the learned II Additional District and Sessions Judge, PCR Court, Tirunelveli to acept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.106 of 2016 pending investigation on the file of the first respondent.

2. The learned counsel for the petitioners also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 448, 294(b), 324, 506(ii), 379 I.P.C. (NP) and r/w. Section 3(1)(x) of SC/ST (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.

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3. Heard the learned Government Advocate(Crl.side).

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 II Additional District and Sessions Judge, PCR Court, Tirunelveli is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.106 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(AS) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

akv To

1. The II Additional District and Sessions Judge, PCR Court, Tirunelveli.

2. The Deputy Superintendent of Police, Kovilpatti, Tuticorin District.

3. The Inspector of Police, Kayathar Police Station, Tuticorin District.

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

+1 cc to Mr.M.VEilkani Raju, Advocate, SR No.16513 RG.AN-MP/SAR-I 24.03.2016 2P/6C Crl.O.P.(MD)No.4570 of 2016 22.03.2016 https://hcservices.ecourts.gov.in/hcservices/