Madras High CourtCRL OP(MD)/5339/2016ordered

Parasuraman v. The Sub Inspector Of Police

2016-03-29Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.5339 of 2016 1.Parasuraman 2.Lakshmi 3.Deepa @ Jeeva 4.Ramalakshmi ... Petitioners vs.

The State rep.by the Sub Inspector of Police E-1, Thirumangalam Nagar Police Station Thirumangalam Madurai District (Cr.No.177 of 2016) ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional District and Sessions Judge, (Special Court for SC/ST (POA) Act Cases), Madurai, to consider the bail application filed by the petitioners herein and pass orders on the same day in the event of their surrender before the said court in connection with the case in Crime No.177 of 2016, on the file of the respondent. For Petitioners : Mr.N.Sathish Babu For Respondent : Mrs.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 III Additional District and Sessions Judge, Special Court for SC/ST (POA) Act Cases, Madurai, to consider the bail application of the petitioners on the same day on their surrender in Crime No.177 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), 506(i) I.P.C., and Section 3(i) (x) of SC/ST Act, 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 III Additional District and Sessions Judge, Special Court for SC/ST (POA) Act Cases, Madurai, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the https://hcservices.ecourts.gov.in/hcservices/

petitioners filing such petition in Crime No.177 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(Records) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The III Additional District and Sessions Judge, Special Court for SC/ST (POA) Act Cases, Madurai. 2.The Sub Inspector of Police, E-1, Thirumangalam Nagar Police Station, Thirumangalam, Madurai District.

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

+1cc to M/S.N.Sathish Babu, Advocate in SR.No. 17445 Crl.O.P(MD).No.5339 of 2016 29.03.2016 krk PA/SK-SKN/SAR I/01.04.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/