Madras High CourtCRL OP(MD)/7051/2016disposed of

Karthik v. The Inspector Of Police

2016-04-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.7051 of 2016 1.Karthik 2.Manoharan 3.Velpandi 4.Boominathan 5.Muthu 6.Maruthupandi ..Petitioners/Accused Vs The State represented by its Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Cr.No.148 of 2015) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned District and Sessions Judge (PCR Cases), Sivagangai to consider the bail application on the surrender of the petitioner/accused on the same day in connection with Crime No.261 of 2016 on the file of the respondent police, on merits on the same day.

For Petitioners :Mr.J.Jeyakumaran For Respondents :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 District and Sessions Judge (PCR Cases), Sivagangai to consider the bail application of the petitioners on the same day on their surrender in Crime No.261 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), 323, 506(2) I.P.C. and Section 3(1)(r)(s) of SC/ST POA amendment Act, 2015 and https://hcservices.ecourts.gov.in/hcservices/

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 and submitted that the injured has already been discharged from the hospital.

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 District and Sessions Judge (PCR Cases), 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.261 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(Crl.side) /True copy/ Sub Assistant Registrar To

1. The District and Sessions Court, Sivagangai

2. The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

+1cc to Mr.J.Jeyakumaran, Advocate SR.No.24134 sm:GSV:11.5.2016:2P/5C Crl.O.P.(MD)No.7051 of 2016 26.04.2016 https://hcservices.ecourts.gov.in/hcservices/