Madras High CourtCRL OP/21490/2016ordered

P.Tamilarasan, M/A 27 Yrs v. Deputy Superintendent Of

2016-09-22Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21490 of 2016 P.Tamilarasan ... Petitioner/A2 Vs.

1. Deputy Superintendent of Police Kangeyam Range

2. The Inspector of Police, All Woman Police Station, Kangeyam, ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge,(Special Judge for SC/ST Act cases), Tiruppur, Tiruppur District to accept the surrender of the petitioner herein before him concerned in Crime No.3 of 2016 on the file of the Inspector of Police, Kangeyam Police Station, Tiruppur District.

For Petitioner : Mr.V.Pandiyan For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge, (Special Judge for SC/ST Act cases), Tiruppur, Tiruppur District to accept the surrender of the petitioner before him concerned in Crime No.3 of 2016 on the file of the Inspector of Police, Kangeyam Police Station, Tiruppur.

2.The learned counsel for the petitioner submitted that A1 has been arrested and released on bail and also submits that the

petitioner has been implicated in this case for the alleged offences under Sections 294(b), 376, 354(A), 341 and 506(i) I.P.C. r/w 3(2)(V)(a) of S.C. & S.T. (Prevention of Atrocities) Act 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, they have come forward with this petition with the said prayer.

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 Principal Sessions Judge(Special Judge for SC/ST Act cases), Tiruppur, Tiruppur District is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.3 of 2016, on the file of the respondent police within a period of two weeks from the date of receipt of a copy(amended copy) of the order, and dispose of the same on merits and in accordance with law on the same day. 5.With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) Dated : 23.09.2016 (*) Deleted as per the Order of this Court dated 03.10.2016 (**)Amended as per the Order of this Court dated 03.10.2016 Sd/- Assistant Registrar(CS III) Dated : 18.10.2016 /true copy/ Sub Assistant Registrar rm To

1. The Deputy Superintendent of Police Kangeyam Range

2. The Inspector of Police, To be Substituted All Woman Police Station, Kangeyam, to the Order already despatched

3. The Principal District and Sessions Judge, (Special Judge for SC/ST Act Cases) on 26.09.2016 Tiruppur.

4. The Public Prosecutor, High Court, Madras.

+1 CC to Mr. V. Pandiyan, Advocate Sr.No.53934 +1cc to Mr.K.Jayabal, Advocate, S.R.No.56498 Crl. O.P. No.21490 of 2016 PUR (CO) MD : 23/09/2016 CA(19.10.2016)