Madras High CourtCRL OP(MD)/7189/2016ordered

Manickam v. The Deputy Superintendent

2016-04-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.7189 of 2016 1.Manickam 2.V.Pakkirisami ... Petitioners vs.

The Deputy Superintendent of Police Seerikalai Police Station Nagapattinam District (Crime No.186 of 2016) ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned I Additional District and Sessions Judge (PCR), Thanjavur, to accept his surrender and to consider the bail application to be filed by the petitioner on the same day on merits in Crime No.186 of 2016, on the file of the respondent Police.

For Petitioners : Mr.A.Arun Prasad For Respondent : Mrs.S.Prabha, G.A.(Crl.Side)

ORDER

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 (PCR), Thanjavur, to consider the bail application of the petitioners on the same day on their surrender in Crime No.186 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 I.P.C., and Section 3(1) T.N.P.P.D.L.Act r/w Section 3(1)R, 3(1)(S) of SC/ST Act a Management Act, 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.

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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 (PCR), Thanjavur, 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.186 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 (AE) /True Copy/ Sub Assistant Registrar To

1. The I Additional District and Sessions Judge (PCR), Thanjavur.

2. The Deputy Superintendent of Police, Seerikalai Police Station, Nagapattinam District.

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

+ 1 CC TO MR.A.ARUNPRASAD, ADVOCATE IN SR NO. 24438/16 KRK TE/AN-MP/ : 29/04/2016 : 2P/5C (IT) Crl.O.P(MD).No.7189 of 2016 27.04.2016 https://hcservices.ecourts.gov.in/hcservices/