Madras High CourtCRL OP(MD)/148/2017disposed of

A. Senthil v. The Deputy Superintendent Of

2017-01-06Honourable Mr Justice G. Chockalingam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.148 of 2017 A.Senthil : Petitioner/A3 -vs1.The Deputy Superintendent of Police, Mannargudi, Tiruvarur District.

2.State rep. by The Inspector of Police, Thalayamangalam Police Station, Mannargudi Taluk, Tiruvarur District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, prayingto direct the I Additional District and Sessions Judge (PCR Court), Thanjavur, to consider the petitioner bail application on the same day on his surrender in connection with the Crime No.01 of 2017 on the file of the 2nd respondent.

For Petitioner : Mr.T.Sekar For Respondents : Mr.K.V.Rajarajan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, to consider the bail application of the petitioner/A3 on the same day of his surrender in connection with the case in Crime No.1 of 2017 pending on the file of the 2nd 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), 323, 324, 352, 506(ii) IPC r/w Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act POA 2015, in Crime No.1 of 2017 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.V.Rajarajan, 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 I Additional District and Sessions Judge (P.C.R. Court), Thanjavur, within fifteen days from today and if he filed any bail application in this crime number, learned I Additional District and Sessions Judge, (PCR Court), Thanjavur, 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 I Additional District and Sessions Judge, (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Mannargudi, Tiruvarur District.

3.The Inspector of Police, Thalayamangalam Police Station, Mannargudi Taluk, Tiruvarur District.

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

+1 cc to MR.T.SEKAR, Advocate SR.No.1618 Crl.O.P.(MD) No.148 of 2017 06.01.2017 SMA/SKN/SAR-3/10.01.2017:2P/6C