Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.4605 of 2016 1.Vijaykumar 2.Vignesh 3.Ramkumarasamy ... Petitioners/Accused 1 to 3 vs.

The Inspector of Police, Surandai Police Station, Tirunelveli District.

... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned II Additional Sessions Judge, (PCR), Tirunelveli District to accept the surrender of the petitioners in Crime Number 45 of 2016 under Sections 294(b), 323, 324, 506(ii) IPC r/w 3(1)(x) of SC/ST (POA) Act, 1959 on the file of the respondent and dispose the bail application will be filed by the petitioners on the same day itself on merits. For Petitioners : Mr.V.Maharajan For Respondent : Ms.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 II Additional Sessions Judge, PCR, Tirunelveli District, to consider the bail application of the petitioners on the same day on their surrender in Crime No.45 of 2016, pending on the file of the 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 294(b), 323, 324, 506(ii) IPC and r/w Section 3 (1)(x) of S.C./ S.T. (POA) Act, 1959 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 (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 II Additional Sessions Judge, PCR, Tirunelveli District, is directed to consider the https://hcservices.ecourts.gov.in/hcservices/

surrender of the petitioners and the bail application, in the event of the petitioners filing such petition in Crime No.45 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(R) /True Copy/ Sub Assistant Registrar.

To 1.The II Additional Sessions Judge, PCR, Tirunelveli District.

2.The Inspector of Police, Surandai Police Station, Tirunelveli District.

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

+1CC to M/S.V.Maharajan, Advocate, SR.No. 15048. Crl.O.P(MD).No.4605 of 2016 16.03.2016 AM/GSV.PM/AR-I/21.03.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/