Madras High CourtCRL OP(MD)/1023/2017disposed of

Siva @ Rathinakumar v. State Rep By

2017-01-31Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1023 of 2017 Siva @ Rathinakumar : Petitioner/Accused No.1 -vs1.State rep. by The Deputy Superintendent of Police, Sathur Sub Division, Virudhunagar District.

2.The Sub Inspector of Police, Irukkangudi Police Station, Virudhunagar District.

Crime.No.2/2017 : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge-cum-P.C.R (SC/ST Act) Court, Virudhunagar at Srivilliputhur to accept the surrender of his petitioner and consider the bail application on the same of his surrender in connection with Crime No.2 of 2017 on the file of the respondent police. For Petitioners : Mrs.Lakshmi Gopinathan for M/s.Polax Legal Solutions For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Sessions Judge-cum-P.C.R (SC/ST Act) Court, Virudhunagar at Srivilliputhur, to accept the surrender of the petitioner and consider his bail application on the same day on merits, in relating to Crime No.2 of 2017, on the file of the respondents police.

2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 147, 341, 294(b), 323, 379(NP), 506(i) and Section 3(1)(r)(s) and 3(2)(Va) of SC/ST Act, in Crime No.2 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioner cannot https://hcservices.ecourts.gov.in/hcservices/

move any anticipatory bail application and therefore, the petitioner has come forward with the present petition for the said prayer.

3.Heard Mr.K.Anbarasan, the learned Government Advocate (Crl.Side), who takes notice for the respondents. 4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- The petitioner is directed to surrender before the learned Sessions Judge-cum-P.C.R (SC/ST Act) Court, Virudhunagar at Srivilliputhur, within fifteen days from today and if he filed any bail application in this crime number, learned Sessions Judge-cum-P.C.R (SC/ST Act) Court, Virudhunagar at Srivilliputhur, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself.

5.With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To:

1.The Deputy Superintendent of Police, Sathur Sub Division, Virudhunagar District.

2.The Sub Inspector of Police, Irukkangudi Police Station, Virudhunagar District.

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

+1cc to Mrs.Lakshmi Gopinathan, Advocate Sr.No.5175 er sm:PM:SAR I:02/02/2017:2P/5C Crl.O.P.(MD) No.1023 of 2017 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/