Lingam vs State Through on 31 March, 2016

[Cites 7, Cited by 0]

Madras High Court

Lingam vs State Through on 31 March, 2016

Bench: P.N.Prakash

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 31.03.2016  

CORAM   
THE HON'BLE MR.JUSTICE P.N.PRAKASH         

Crl.O.P.(MD) No.5526 of 2016 

1. Lingam 
2. Muthuraj
3. Thangaraj
4. Mayathevar 
5. Jeyaraj
6. Aanadha Pandi 
7. Rathi
8. Otchathevar
9. Jothi        ... Petitioners/A2 to A10
-vs-

State through
The Inspector of Police,
All Women Police Station, 
Nilakottai, Dindigul District.
(Crime No.7 of 2016)            .. Respondent/Complainant 
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure praying to direct the Principal District Judge Court
(PCR), Dindigul to accept the petitioners' surrender and consider the
petitioners' bail application.

For Petitioners : Mr.J.Senthil Kumaraiah

For Respondent  : Mrs.S.Prabha         
                  Govt. Advocate (Crl.Side)

:O R D E R

This petition has been filed, seeking to direct the Principal District Judge Court (PCR), Dindigul to accept the petitioners' surrender and consider the petitioners' bail application.

2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 420, 354, 494, 506(ii) IPC r/w Section 3(1)(X) of SC/ST Act in Crime No.7 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.

3. Learned Government Advocate (Crl.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 Principal District Judge Court (PCR), Dindigul, is directed to accept the surrender of the petitioners and consider their bail applications, in the event of the petitioners filing such petition in Crime No.7 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.

1. The Principal District Judge Court (PCR), Dindigul.

2. The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

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

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