Madras High CourtCRL OP(MD)/12688/2017ordered

Rasu v. The Deputy Superintendent Of

2017-09-28Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD).No.12688 of 2017 Rasu .. Petitioner/1st Accused Vs.

1.The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

2.The Inspector of Police, Kalimandiyam Police Station, Dindigul District, (Crime No.159 of 2017) .. Respondents / Complainants 3.Theivanai .. 3rd respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District & Sessions Judge (Special Court for PCR Cases) Dindigul, to consider the bail application on the same day of his surrender in respect of Crime No.159 of 2017 on the file of the 2nd respondent pending investigation.

For Petitioner : Mr.D.Venkatesh For respondents 1 & 2 : Mr.C.Ramesh Additional Public Prosecutor

ORDER

This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 & 2. 3.The petitioner is arrayed as accused in Crime No.159 of 2017 in respect of the offences under Sections 294 (b), 341, 376 & 506 (ii), IPC r/w 3(1)(r) & 3(1) (s) of SC / ST (POA) Amendment Act and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

4.Considering the submissions of both sides and also considering the nature of the prayer in this case and in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention https://hcservices.ecourts.gov.in/hcservices/

of Atrocities) Act that the petitioner cannot move any anticipatory bail, the Principal District & Sessions Judge (Special Court for PCR Cases) Dindigul, is directed to accept the surrender of the petitioner and consider his bail applications, in the event of the petitioner filing such petition in Crime No.159 of 2017 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day. 5.This petition is disposed of accordingly.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The Principal District & Sessions Judge (Special Court for PCR Cases), Dindigul, 2.The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

3.The Inspector of Police, Kalimandiyam Police Station, Dindigul District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.D.VENKATESH, Advocate SR.No.81345 mm MAS/SKN-RSK/SAR3:04.10.2017:2P-6C Crl.O.P(MD)No.12688 of 2017 28.09.2017 https://hcservices.ecourts.gov.in/hcservices/