Madras High CourtCRL OP(MD)/5897/2016disposed of

Kasirajan 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.5897 of 2016 1.Kasirajan 2.Selvi 3.Senthil@ Jayaraman ..Petitioners/Accused Nos.1 to 3 Vs The State represented by The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

(Crime No.15 of 2016) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Principal Sessions Judge cum PCR Court, Srivilliputhur, Virudhunagar District to dispose the bail application filed by the petitioners on mertis on the very same day of their surrender in connection with the F.I.R. in Crime NO.15 of 2016 on the file of the respondent police.

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

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned Principal Sessions Judge cum PCR Court, Srivilliputhur, Virudhunagar District to consider the bail application of the petitioners on the same day on their surrender in Crime No.15 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 498(A), 294(b), 506(i) I.P.C. r/w Section 4 of DP Act r/w Section 3(1)(X) of Scheduled Caste and Scheduled Tribe (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. 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 Principal Sessions Judge cum PCR Court, Srivilliputhur, Virudhunagar District 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.15 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 /True copy/ Sub Assistant Registrar To

1. The Principal Sessions Court cum PCR Court, Srivilliputhur, Virudhunagar District.

2. The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

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

+1 CC to Mr.M.S.JEYAKARTHICK, Advocate, SR No.19457 Crl.O.P.(MD)No.5897 of 2016 05.04.2016 ssl SH/SKS-RR:13.04.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/