Madras High CourtCRL OP(MD)/15143/2017allowed

Madasamy, v. The Inspector Of Police,

2017-11-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.15143 of 2017 Madasamy : Petitioner -Vs1.State rep. by The Inspector of Police, Aundipatti Police Station, Theni District.

(Crime No.774 of 2017) 2.Velmurugan : Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District Sessions Judge (PCR Cases), Theni to accept the surrender of the petitioner and to consider the bail application on the same day in accordance with law in connection with Crime No.774 of 2017 on the file of the Inspector of Police, Aundipatti Police Station, Theni District.

For Petitioner : Mr.P. Sivachandran For Respondent No.1 : Mr.C. Mayil Vahana Rajendiran Additional Public Prosecutor ***

O R D E R

This petition is filed to direct the learned Principal District Sessions Judge (PCR Cases), Theni to accept the surrender of the petitioner and to consider the bail application on the same day in accordance with law in connection with Crime No.774 of 2017 on the file of the Inspector of Police, Aundipatti Police Station, Theni District.

2. It is stated that the petitioner belong to the Pallan Community, which is recognized as Scheduled Caste, as per the Scheduled Caste and Scheduled Tribes Amendment Act, 1976. https://hcservices.ecourts.gov.in/hcservices/

3. Hence, the learned counsel appearing for the petitioner submitted that the provisions of the Act i.e Tamil Nadu Scheduled

Caste and Scheduled Tribes(Prevention of Atrocities) Amendment Act 2015 is not applicable, when the complaint is made against the person belonging to the Scheduled Caste Community. The learned counsel appearing for the petitioner has also produced the xerox copy of the community certificate of the petitioner.

4. It is in the said circumstances the petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Principal District Sessions Judge (PCR Cases), Theni, is directed to consider the bail petition filed by the petitioner on the same day on merits and in accordance with law in connection with Crime No.774 of 2017, on the file of the first respondent Police.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Principal District Judge(PCR Cases), Theni.

2.The Inspector of Police, Aundipatti Police Station, Theni District.

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

+ 1 cc TO Mr.P.Sivachandran , Advocate in SR No. 86162 trp AE/SKN RSK/SAR3/13.11.2017/2P/5C CRL.O.P.(MD)No.15143 of 2017 08.11.2017 https://hcservices.ecourts.gov.in/hcservices/