Madras High CourtCRL OP(MD)/1228/2017disposed of

S.Parthasarathi v. The Deputy Superintendent Of

2017-02-06Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1228 of 2017 S.Parthasarathi : Petitioner/A18 -vs1. The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

2. The Inspector of Police, S.V.Mangalam Police Station, Sivagangai. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai, to accept the surrender of the petitioner and to consider the bail application on the same day in accordance with law of his surrender in connection with Crime No.4 of 2017 on the file of the Inspector of Police S.V.Mangalam Police Station, Sivagangai District. For Petitioners : R.M.Makeshkumaravel For Respondents : Mrs.S.Prabha Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai, to accept the surrender of the petitioner and consider the bail application on the same day, on merits, in connection with the case in Crime No.4 of 2017.

2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 143, 147, 294(b), 323, 324, 506 (ii) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, 3(1) of PPDL Act, r/w 3(1)(ii) SC/ST (Prevention of Atrocities Act) 1989 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 https://hcservices.ecourts.gov.in/hcservices/

forward with the present petition for the said prayer. 3.Heard Mrs.S.Prabha, 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 Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai,within fifteen days from today and if he filed any bail application in this crime number, the learned Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai, 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(RTI) /True Copy/ Sub Assistant Registrar To:

1. The Additional Sessions Judge (Special Court for PCR Act Cases), Sivagangai.

2. The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3. The Inspector of Police, S.V.Mangalam Police Station, Sivagangai.

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

+ 1 CC TO Mr.R.M.MAKESH KUMARAVEL, ADVOCATE IN SR No. 6475 ER TE/JM/SAR-III : 08/02/2017 : 2P/6C Crl.O.P.(MD) No.1228 of 2017 06.02.2017 https://hcservices.ecourts.gov.in/hcservices/