Madras High CourtCRL OP(MD)/1348/2017disposed of

Loganathan v. The Deputy Superintendent Of

2017-02-08Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1348 of 2017 Loganathan : Petitioner/A5 -vs1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Pathibanoor Police Station, Ramanathapuram District. : Respondent /Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge-cum-PCR Judge, Ramanathapuram, to consider the bail application of the petitioner on the very same day of his surrender in respect of the FIR in Crime No.332 of 2016 on the file of the respondent police.

For Petitioner : Mr.M.S.Jayakarthik For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Principal Sessions Judge-cum-PCR Judge, Ramanathapuram, to consider the bail application of the petitioner on the very same day of his surrender in respect of FIR in Crime No.332 of 2016 on the file of the respondent police.

2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 147, 148, 294(b), 324 and 506(ii) IPC and Section 3(1)(r), 3(1)(s) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.332 of 2016 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.

3.Heard Mr.K.Anbarasan, the learned Government Advocate (Crl.Side), who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/

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 Principal Sessions Judge-cum-PCR Judge, Ramanathapuram, within fifteen days from today and if he filed any bail application in this crime number, learned Principal Sessions Judge-cum-PCR Judge, Ramanathapuram, 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 Inspector of Police, Pathibanoor Police Station, Ramanathapuram District.

2.The Principal Sessions Judge-cum-PCR Judge, Ramanathapuram.

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

+1 CC to M/s.M.S.JEYAKARTHICK, Advocate, SR No. 7185 ER PSM/MR/SAR1/10.02.2017/2P/5C Crl.O.P.(MD) No.1348 of 2017 08.02.2017 https://hcservices.ecourts.gov.in/hcservices/