Madras High CourtCRL OP(MD)/8625/2016disposed of

K. Periyasamy v. The Inspector Of Police

2016-06-13Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.8625 of 2016

1. K.Periyasamy

2. K.Palanisamy

3. C.Ponnusamy

4. R.Ramalingam

5. K.Velu

6. V.Muthuvel

7. V.Ponnusamy

8. K.Karuppiah

9. A.Ganeshan 10.A.Anthaman @ Periyasamy 11.C.Ankuthan 12.A.Ravi 13.P.Pitchai 14.P.Ramachandran Poosari 15.N.Chinnathambi 16.C.Singaram 17.P.Sekar 18.Silambampatti Mathiazhagan 19.R.Ragupathy 20.V.Palaniyappan 21.P.Saminathan 22.A.Pazhanimalai 23.V.Shanmugam Chettiyar 24.P.Saravanan 25.S.Karupayee ... Petitioner/A1 to A3, A5 to A13, A15, A17 to A19 & A21 to A29.

-vsState represented by The Inspector of Police, Puthanatham Police Station, Trichy District.

(Crime No.109/2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the I-Additional Sessions Courtcum- PCR Court, Trichirappalli to consider the bail application on same day on their surrender in connection with Crime No. 109 of 2016 on the file of the respondent.

For Petitioners : Mr.A.S.Gopalamanikandan For Respondent : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) ***** https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition has been filed, seeking to direct the I Additional Sessions Court-cum-PCR Court, Trichirappalli to consider the bail application on same day on their surrender in connection with Crime No. 109 of 2016 on the file of the respondent.

2. Learned counsel for the petitioner submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 341, 323, 324, 294(b) and 506(i) IPC and 3(i) of TNPPDL Act r/w Section 3(i)(r)(s) and 3(2)(Va) of SC/ST (PoA) Amendment Ordinance Act, 2015 in Crime No.109 of 2016 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. He further submits that co-accused in this case have been granted the relief by this Court.

3. Learned Government Advocate (Crl.Side) takes notice for the respondent and submits that the injured has 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 I-Additional Sessions Court-cum- PCR Court, Trichirappalli is directed to accept the surrender of the petitioners and consider their bail applications, in the event of the petitioners filing such petitions in Crime No.109 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(AS) /True Copy/ Sub Assistant Registrar.

To:

1.The I-Additional Sessions Court-cum- PCR Court, Trichirappalli

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

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

+1CC to M/S.S.Gopalamanikandan,Advocate, SR.No. 29972 Crl.O.P.(MD) No.8625 of 2016 13.06.2016 ar AM/GSV.PM/SAR-III/13.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/