Madras High CourtCRL OP(MD)/1110/2017disposed of

Kittapandi @ Krishnan v. The Deputy Superintendent Of

2017-02-02Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1110 of 2017 Kittapandi @ Krishnan : Petitioner/Sole Accused -vs1.The Deputy Superintendent of Police, Tirunelveli Rural, Thalayuthu, Tirunelveli District.

2.The Inspector of Police, Thalayuthu Police Station, Tirunelveli District.

Crime No.22/2017 : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the II Additional Sessions Judge and Special Court for PCR, Tirunelveli, to consider the bail application of the petitioner/Sole accused in Crime No.22 of 2017 on the file of the 2nd respondent police on the same day of surrender, on merits.

For Petitioner : Mr.S.Sundara Pandian For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the II Additional Sessions Judge and Special Court for PCR, Tirunelveli, to accept the surrender of the petitioner and to consider his bail application on the same day in connection with Crime No.22 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 294(b), 323, 506(i), 306, 511 IPC r/w 3(1) (r), 3(1)(s), 3(2) va SC & ST Act r/w Section 4 of Tamil Nazdu Charges of Exorbitant Interest Act, in Crime No.22 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 move any anticipatory bail application and therefore, the petitioner has come forward with the present petition for the said prayer. https://hcservices.ecourts.gov.in/hcservices/

3.Heard Mr.A.P.Balasubramani, 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 II Additional Sessions Judge and Special Court for PCR, Tirunelveli, within fifteen days from today and if he filed any bail application in this crime number, the learned II Additional Sessions Judge and Special Court for PCR, Tirunelveli, 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.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(AS) /TURE COPY/ Sub Assistant Registrar To:

1.The Deputy Superintendent of Police, Tirunelveli Rural, Thalayuthu, Tirunelveli District.

2.The Inspector of Police, Thalayuthu Police Station, Tirunelveli District.

3.The II Additional Sessions Judge and Special Court for PCR, Tirunelveli.

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

+1 cc to MR.S.Sundarapandian, ADVOCATE, SR NO: 5764 er AAM RSK SAR3 03.02.2017 2P 6C Crl.O.P.(MD) No.1110 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/