Madras High CourtCRL OP(MD)/1177/2017disposed of

Singaraj v. The Deputy Superintendent Of

2017-02-03Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1177 of 2017 1.Singaraj 2.Pandiaraj 3.Vijaya : Petitioners/A1 to A3 -vs1.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

2.The State rep. by The Inspector of Police, Ambathurai Police Station, Ambathurai, Dindigul District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge( Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Dindigul District, to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No.36 of 2017 on the file of the 2nd respondent.

For Petitioners : Mr.J.Jawarance For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Dindigul, to accept the surrender of the petitioners and consider their bail application on the same day on merits, in relating to Crime No.36 of 2017 on the file of the 2nd respondent police. 2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 294(b), 384 IPC and Section 4 of Tamil Nadu Prohibition Exorbitant Interest Act, 2003 and section 3(1)(s) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989, in Crime No.36 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioners cannot move any anticipatory bail application and https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioners have come forward with the present petition for the said prayer.

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 petitioners are directed to surrender before the learned Principal District and Sessions Judge( Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Dindigul District, within fifteen days from today and if they filed any bail application in this crime number, the learned Principal District and Sessions Judge(Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Dindigul District, 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 /True Copy/ Sub Assistant Registrar To:

1.The Principal District Judge, (Special Court for Sheduled caste and Sheduled Tribes) Dindigul.

2.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Ambathurai Police Station, Ambathurai, Dindigul District.

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

+1cc to M/s. J.Lawrence Advocate in SR. No.6139 er js/09.02.201/2p-6c CRL.OP.(MD) No.1177 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 03.02.2017