Madras High CourtCRL OP(MD)/6101/2016ordered

Murugan v. The Deputy Superintendent Of

2016-04-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.6101 of 2016 1.Murugan 2.Karthick ..Petitioners/Accused 7 & 9 Vs

1. The Deputy Superintendent of Police, Sivagangai.

2. State represented by The Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Cr.No.173 of 2016) .. Respondents/Complainants Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (PCR Court), Sivagangai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.173 of 2016 dated 01.04.2016 on the file of the respondent police. For Petitioners : Mr.Rameshkumar For Respondents : 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 Principal District & Sessions Judge (PCR Court), Sivagangai to consider the bail application of the petitioners on the same day on their surrender in Crime No.173 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 147, 148, 294(b), 336 and 506(ii) I.P.C. r/w Section 3(1) (r)(s) of Scheduled Caste and Scheduled Tribe (Preventionn of Atrocities) 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(Crl.Side) takes notice for the respondents and submitted that the injured has already been discharged from the hospital.

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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 District & Sessions Judge (PCR Court), Sivagangai 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.173 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 District & Sessions Judge (PCR Court), Sivagangai.

2. The Deputy Superintendent of Police, Sivagangai.

3. The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+ 1 CC TO MR.D.RAMESH KUMAR, ADVOCATE IN SR NO. 19899 SSL TE/AN-MP/ : 13/04/2016 : 2P/6C Crl.O.P.(MD)No.6101 of 2016 07.04.2016 https://hcservices.ecourts.gov.in/hcservices/