Madras High CourtCRL OP(MD)/1526/2017disposed of

Kompukaruppu@Karuppasami v. The Deputy Superintendent Of

2017-02-10Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1526 of 2017 Kompukaruppu @ Karuppasami :Petitioner/A4 -vs1. State rep. by The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2. The Inspector of Police, Kallikudi Police Station, Madurai District.

Crime.no.25/2017 :Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider the bail application on the same day of his surrender, if any filed by the petitioner/Accused No.4 in Crime No.25 of 2017 registered by the 2nd respondent herein and pass such further or other orders.

For Petitioner : Mr.R.Gowrishankar For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned II Additional District and Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioner and to consider his bail application on the same day in connection with Crime No.25 of 2017 on the file of the respondents 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), 427, 323, 324, 506(2) of IPC r/w section 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.25 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.

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3.Heard Mr.A.P.Balasubramani, 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 II Additional District and Sessions Judge (PCR Court), Madurai, within fifteen days from today and if he filed any bail application in this crime number, the learned II Additional District and Sessions Judge (PCR Court), Madurai, 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.IIIrd Additional Sessions Judge, PCR Court,Madurai.

2. The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3. The Inspector of Police, Kallikudi Police Station, Madurai District.

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

+1cc to Mr.R.Gowrisankar,Advocate in SR.No.7576 Crl.O.P.(MD) No.1526 of 2017 10.02.2017 ER KK-PM-SAR.1-14.02.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/