Madras High CourtCRL OP(MD)/13042/2017ordered

Saravanan, v. The Deputy Superintendent Of

2017-09-27Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN CRL.O.P.(MD)No.13042 of 2017 Saravanan : Petitioner/Accused No.1 -Vs1. The Deputy Superintendent of Police, Valliyoor Range, Valliyoor, Tirunelveli District.

2. The state represented by its, The Inspector of Police, Thirukkurunkudi Police Station, Tirunelveli District.

(Crime No.103 of 2017) : Respondent/Complainant

3. Kumar :2nd Respondent/Defacto complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the Learned II Additional District and Sessions Judge for PCR Cases, Tirunelveli, 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.103 of 2017 on the file of the Inspector of Police, Thirukkurunkudi Police Station, Tirunelveli District. For Petitioner : Mr.S.Palani Velayutham For R.1 & R.2 : Mr.A.Ramar Additional Public Prosecutor (Crl.Side)

O R D E R

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 (Crl. Side) for the 1st & 2nd respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner are arrayed as accused in Crime No.103/2017 in respect of the offences under Sections 294(b), 323, 506(i) of

IPC read with Section 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 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 in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned II Additional District Sessions Judge for PCR Cases, Tirunelveli, is directed to accept the surrender of the petitioner and consider his bail application, in the event of the petitioner filing such petition in Crime No.103/2017 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/- Assistant Registrar(vacation officer) /True Copy/ Sub Assistant Registrar To

1. The II Additional District and Sessions Judge for PCR Cases, Tirunelveli.

2. The Deputy Superintendent of Police, Valliyoor Range, Valliyoor, Tirunelveli District.

3. The Inspector of Police, Thirukkurunkudi Police Station, Tirunelveli District.

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

+1cc to Mr.S.Palani Velayutham, Advocate Sr.No.81311 DAS/AM/TA VB/KK/SAR3/04/10/2017/2P/6C CRL.O.P.(MD)No.13042 of 2017 27.09.2017 https://hcservices.ecourts.gov.in/hcservices/