Madras High CourtCRL OP(MD)/5060/2016ordered

K.Muniyandi, S/O Kannichamy v. `The Deputy Superintendent

2016-03-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5060 of 2016

1. K.Muniyandi

2. A.Velusamy

3. K.Muniyandi ... Petitioners Vs.

1. The Deputy Superintendent of Police, Mudukulathoor, Ramanathapuram District.

2. The Inspector of Police, Mudukulathoor Police Station, Ramanathapuram District.

(in Crime No.87 of 2016) ... Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge (PCR Court), Ramanathapuram to consider the surrender and bail application filed by the petitioners in Crime No.87 of 2016 registered and investigated by the respondents. For Petitioners : Mr.S.Muthukumar 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 Principal District and Sessions Judge (PCR Court), Ramanathapuram to consider the surrender and bail application filed by the petitioners in Crime No.87 of 2016 registered and investigated by the respondents and pass orders on the same day.

2. The learned counsel for the petitioners also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b), 323, 324, 506(ii) of I.P.C., and Section 3(i)(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 petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge (PCR Court), Ramanathapuram is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.87 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(CO.Dept) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

akvTo

1. The Principal District and Sessions Judge (PCR Court), Ramanathapuram.

2. The Deputy Superintendent of Police, Mudukulathoor, Ramanathapuram District.

3. The Inspector of Police, Mudukulathoor Police Station, Ramanathapuram District.

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

+1 cc to Mr.S.Muthukumar, Advocate, SR No. 16779 RG.AAL.MPA/SAR-I 24.03.2016 2P/6C Crl.O.P.(MD)No.5060 of 2016 23.03.2016 https://hcservices.ecourts.gov.in/hcservices/