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Madras High CourtCRL OP(MD)/5114/2016ordered

Chandran v. The Inspector Of Police

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.5114 of 2016

1. Chandran

2. Mathi @ Mathiyarasan

3. Ilakiya @ Ilakiya Selvam

4. Sathis @ Vetri ... Petitioners/Accused Rank Not Known Vs.

The State represented by its the Inspector of Police, Peraiyur Police Station, Madurai District.

(Crime No.48 of 2016) ... Respondent/Complainant Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned III Additional District Judge cum PCR Court, Madurai to consider the bail application of the petitioners on the very same day of their surrender pending investigation in connection with the F.I.R. in Crime No.48 of 2016 on the file of the respondent police. For Petitioners : Mr.K.M.Senthil Vinayagam For Respondent : 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 III Additional District Judge cum PCR Court, Madurai to consider the bail application of the petitioners on the very same day of their surrender pending investigation in connection with the F.I.R. in Crime No.48 of 2016 on the file of the respondent police.

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, 148, 294(b), 323, 324 and 506(ii) of I.P.C., 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.

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 III Additional District Judge cum PCR Court, Madurai is directed to consider the bail application, in the event of the petitioners filing https://hcservices.ecourts.gov.in/hcservices/

such petition in Crime No.48 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(C.O Dept.,) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To

1. The III Additional District Judge cum PCR Court, Madurai.

2. The Inspector of Police, Peraiyur Police Station, Madurai District.

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

+1cc to M/S.M.S.Jeyakarthik,Advocate in SR.No.16875 Crl.O.P.(MD)No.5114 of 2016 23.03.2016 akv PA/AN-MP/SAR I/28.03.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/