Mohan and Others Vs. The Inspector of Police, Madurai District

Mohan and Others vs The Inspector of Police, Madurai District

Type Court Judgment Court Chennai Madurai Decided May 11, 2016

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https://sooperkanoon.com/case/1190954

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Citation: sooperkanoon.com/1190954
Court: Chennai Madurai High Court
Judge: P. Kalaiyarasan
Decided On: May 11, 2016
Case Number: Crl.O.P.(MD) No. 7931 of 2016
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mohan and Others

Respondent

The Inspector of Police, Madurai District

Excerpt

(prayer: criminal original petition filed under section 482 of the code of criminal procedure, praying to direct the learned special judge for sc/st (prevention of atrocities) act/iii additional district and sessions judge (pcr unit), madurai, to consider the bail application of the petitioners on the same day of their surrender in crime no.45 of 2016 on the file of the respondent police.) 1. this petition has been filed, seeking to direct the learned special judge for sc/st (prevention of atrocities) act/iii additional district and sessions judge (pcr unit), madurai, to consider the bail application of the petitioners on the same day of their surrender in crime no.45 of 2016 on the file of the respondent police. 2. learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under sections 147, 148, 323, 324, 506(ii) and 379(np) and r/w section 3(ii)(v)(a) of sc/st (poa) act, in crime no.45 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 (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. and s.t. (prevention of atrocities) act that the petitioners cannot move any anticipatory bail, the learned special judge for sc/st (prevention of atrocities) act / iii additional district and sessions judge (pcr unit), madurai, 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.45 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.

Full Judgment

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act/III Additional District and Sessions Judge (PCR Unit), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.45 of 2016 on the file of the respondent police.)

1. This petition has been filed, seeking to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act/III Additional District and Sessions Judge (PCR Unit), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.45 of 2016 on the file of the respondent police.

2. Learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 323, 324, 506(ii) and 379(NP) and r/w Section 3(ii)(v)(a) of SC/ST (POA) Act, in Crime No.45 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 (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. and S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned Special Judge for SC/ST (Prevention of Atrocities) Act / III Additional District and Sessions Judge (PCR Unit), Madurai, 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.45 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.

Same Court & Year Chennai Madurai · 2016 Same Parties Mohan and Others vs The Inspector of Police, Madurai District Same Subject Land Acquisition Same Judge P. Kalaiyarasan