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Madras High CourtCRL OP/4469/2017disposed of

Sekar, M/A 29 Yrs, v. State By,

2017-03-06Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2017

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.OP.No.4469 of 2017

1. Sekar

2. Anbazhagan

3. Sekar @ Veengan ...

petitioners

Versus

State by Inspector of Police, Kanai Police Station, Villupuram District.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Special Judge for SC/ST Act cases, Villupuram, Villupuram District to accept the surrender of the petitioners herein before him concerned in Special S.C.No.106 of 2016 on the file of the learned Special Judge for SC/ST (POA) Act cases, Villupuram, Villupuram District.

For Petitioners :Mr.K.Selvarangan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Special Judge for SC/ST Act cases, Villupuram, Villupuram District to accept the surrender of the petitioners herein before him concerned in Special S.C.No.106 of 2016 on the file of the learned Special Judge for SC/ST (Prevention of Atrocities) Act cases, Villupuram, Villupuram District.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324, 427, 506(i) IPC read with section 3(1) (X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor 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 petitioner cannot move any anticipatory bail, the Learned Special Judge, For SC/ST Act cases Villupuram* is directed to consider the bail application, in the event of the petitioner filing such petition SPL SC* No.106 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 this observation, this criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar (CS-VII) dt. 07/03/2017 Corrected as per order of this court dated 13.3.2017 made in Crl.OP.No.4469/17 Sd/- Asst.Registrar(CS-VII) dt. 16.03.2017 /true copy/ Sub Asst. Registrar vsi2 To

1. The Inspector of Police, Kanai Police Station, To be Substituted the Villupuram District.

order already despatched on 8.3.2017 2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.Selvarangan,Advocate sr.15486* Crl.OP.No.4469 of 2017 ss(co) ss(7/3/2017) EU 16.3.17 https://hcservices.ecourts.gov.in/hcservices/