Veerapandi @ Jeyaveerapandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.6378 of 2016 1.Veerapandi @ jeyaveerapandi 2.Alagumalai 3.Anand 4.Kundu Balu @ Paulpandi 5.Kattaiyan @ Perumal 6.Palani @ Palanimurugan 7.Arun @ Arunkumar 8.Sowndrapandi 9.Sundrapandi ... Petitioners/Accused No.A1 to A8,A10,A11 vs.
The State rep.by the Inspector of Police Saptur Police Station Madurai District (Crime No.64 of 2016) ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to directs the chairman Juvenile Justice Board Madurai Madurai District to accept the surrender of the 1st petitioner namely Veerapandi @ Jeyaverapandi (Aged 17/16) and consider his bail application on the same day in connection with Crime No. 64 of 2016 pending investigation on the file of the Respondent and also direct the Learned III Additional District and Sessions Judge (PCR) Maduai Madurai District to accept the surrender of the 2nd to 9 petitioners and consider their bail application on the same day in connection with Crime No.64 of 2016 pending investigation on the file of the respondent.
For Petitioners : Mr.P.Ammavasai 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 first petitioner has come forward with this petition seeking for a direction to the Chairman, Juvenile Justice Board, Madurai, Madurai District and the petitioners 2 to 9 have come forward with this petition seeking for a direction to the learned III Additional District and Sessions Judge (PCR), Maduai,
Madurai District, to consider their bail application on the same day on their surrender in Crime No.64 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), 324, 506(ii) I.P.C., r/w Section 4 of T.N.P.W.H.Act and 3(1)(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. In view of the Order, dated 16.02.2016, in Crl.O.P.(MD) Nos.1785, 1941, 2073, 2047 and 2224 of 2016, passed by this Court, this criminal original petition is dismissed as not maintainable as against the first petitioner herein.
5. As regards the petitioners 2 to 9 are concerned, 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 2 to 9 cannot move any anticipatory bail, the learned III Additional District and Sessions Judge (PCR), Maduai, Madurai District, is directed to accept the surrender of the petitioners 2 to 9 and consider their bail application, in the event of the petitioners 2 to 9 filing such petition in Crime No.64 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.
6. With the above observation, this criminal original petition is disposed of in respect of petitioners 2 to 9. Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.
krk To 1.The Chairman, Juvenile Justice Board, Madurai, Madurai District.
2.The III Additional District and Sessions Judge (PCR), Maduai, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The Inspector of Police, Saptur Police Station, Madurai District.
+1 cc to Mr.P.Ammavasai,Advocate Sr No.20792 rg.DP-SKN/SAR-I 20.04.2016 3P/6C Crl.O.P(MD).No.6378 of 2016 13.04.2016