Madras High CourtCRL OP(MD)/6294/2016disposed of

Ameeth v. The Deputy Superintendent Of

2016-04-20Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.6294 of 2016 1.Ameeth 2.Ayub 3.Natarajan 4.Vinayagamoorthy 5.Kathiresan 6.Balamurugan 7.Selvakumar 8.Paranthaman 9.Pandi 10.Sathish 11.Saravanakumar 12.Pooventhiran 13.Ramesh 14.Karuppasamy 15.Solairaja 16.Ilavarasan 17.Kaviarasan 18.Marudhupandi ... Petitioners / Accused 1, 2, 3, 5, 7 to 10, 12 to 15, 17 to 22 vs.

1.The Deputy Superintendent of Police Samayanallur, Madurai District 2.The Sub Inspector of Police Alanganallur Police Station Madurai District (Crime No.169 / 2016) ... Respondents / Complainants PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the IIIrd Additional District cum Sessions Judge PCR court Madurai to consider the bail application of the petitioners in the event of their surrender on the very some date in connection with Cr. no.169/2016 on the file of the respondent police. For Petitioners : Mr.M.Thirunavukkarasu For Respondents : 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-cum-Sessions Judge, P.C.R.Court, Madurai, to consider the bail application of the petitioners on the same day on their surrender in Crime No.169 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 147, 148, 294(b), 323, 324 I.P.C., r/w Section 3(2(v) (a) of Prevention of Atrocities against SC/ST Act and Section 4 of T.N.P.W.H.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 respondents.

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-cum-Sessions Judge, P.C.R.Court, Madurai, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.169 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 /True Copy/ Sub Assistant Registrar krk To 1.The III Additional District-cum-Sessions Judge, P.C.R.Court, Madurai.

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Sub Inspector of Police, Alanganallur Police Station, Madurai District.

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

+1CC to Mr.M.Thirunavukkarasu Advocate Sr.No.21978 GJM/GSV/PM/AR-I-21.4.16-3p-6C Crl.O.P(MD).No.6294 of 2016 20.04.2016