Madras High CourtCRL OP(MD)/6868/2016disposed of

Kamaraj v. The Inspector Of Police

2016-04-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.6868 of 2016 1.Kamaraj 2.Chandrasekar 3.Sakthi Ganapathi

...Petitioners/Accused 1,2 and 4

vs.

State rep.by The Inspector of Police Kollidam Police Station Trichy District (Crime No.229 of 2016) ... Respondent/Complainant.

PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned 1st Additional District and Sessions Judge, (PCR Court), Trichy to consider the petitioners' bail application on the same day of their surrender in Crime No.229 of 2016, on the file of the Inspector of Police, Kollidam Police Station, Trichy District. For Petitioners: Mr.T.Lenin Kumar 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 petitioners have come forward with this petition seeking for a direction to the learned I Additional District and Sessions Judge, P.C.R. Court, Trichy, to consider the bail application of the petitioners on the same day on their surrender in Crime No.229 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 https://hcservices.ecourts.gov.in/hcservices/ offences under Sections 294(b), 323, 324, 506(ii) I.P.C., r/w 3(1)(r), 3

(1)(5), 3(1)(v) SC/ST Prevention of Atrocities) Amend Ordinance, 2015, 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. 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 I Additional District and Sessions Judge, P.C.R. Court, Trichy, 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.229 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(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The I Additional District and Sessions Judge, P.C.R. Court, Trichy.

2.The Inspector of Police, Kollidam Police Station, Trichy District.

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

+1CC to M/S.T.Lenin Kumar, Advocate, SR.No. 22708 Crl.O.P(MD).No.6868 of 2016 22.04.2016 krk AM/NGM.SS/SAR-I/25.04.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/