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Lingam and Others Vs. State through, The Inspector of Police, Dindigul District - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

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

Judge

Appellant

Lingam and Others

Respondent

State through, The Inspector of Police, Dindigul District

Excerpt:


.....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. and 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.

Judgment:


(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.)

1. 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. and 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.




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