Madras High CourtCRL OP(MD)/5892/2016disposed of

S. Senthil Narayanan v. The Inspector Of Police

2016-04-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5892 of 2016 1.S.Senthil Narayanan 2.U.Subramani .. Petitioners/Accused Nos.A.2 and 3 Vs The State through The Inspector of Police, Masarpatti Police Station, Tuticorin District.

(Crime No.30 of 2016) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct II Additional District Sessions Judge, PCR Court, Tirunelveli to dispose the bail application filed by the petitioner on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime No.30 of 2016 on the file of the respondent police.

For Petitioners : Mr.M.Siddharthan For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned II Additional District Sessions Judge, PCR Court, Tirunelveli to consider the bail application of the petitioners on the same day on their surrender in Crime No.30 of 2016 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 324, 506(ii) I.P.C. r/w Section 3(1)(X) of Scheduled Caste and Scheduled Tribe (Preventionn 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. The learned Government Advocate(Crl.Side) takes notice for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, PCR Court, Tirunelveli is directed to accept the surrender of the petitioners and consider the bail application, in the event of the petitioners filing such petition in Crime No.30 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 (P&A) /True Copy/ Sub Assistant Registrar To

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

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

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

+ 1 CC TO M/s.SIDHARTHAN, ADVOCATE IN SR NO. 19235 SSL TE/AN-MP/ : 13/04/2016 : 2P/5C Crl.O.P.(MD)No.5892 of 2016 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/