Madras High CourtCRL OP(MD)/1597/2017disposed of

Kannan v. The Deputy Superintendent Of

2017-02-14Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1597 of 2017 Kannan : Petitioner/Sole Accused -vsState rep. by 1.The Deputy Superintendent of Police, Mudukulathur Division, Ramanathapuram District.

2.The Sub Inspector of Police, Elanjambur Police Station, Ramanathapuram District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District and Sessions Judge, Ramanathapuram under the SC/ST Act, to consider the bail application on the surrender of the petitioner in connection with Crime No.6 of 2017, pending investigation on the file of the respondents on merits on the same day and pass such other suitable order.

For Petitioner : Mr.A.Uthayakumar 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 Principal District and Sessions Judge, Ramanathapuram, under the SC/ST Act, to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.6 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 341, 294(b), 324, 332 IPC r/w 3(1)(r) and 3(1)(s) of SC/St (Prevention of Atrocities) Amendment Act 2015, in Crime No.6 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioners cannot move any anticipatory bail application and https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioner has come forward with the present petition for the said prayer.

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 Principal District and Sessions Judge, Ramanathapuram, under the SC/ST Act, within fifteen days from today and if he filed any bail application in this crime number, the learned Principal District and Sessions Judge, Ramanathapuram, under the SC/ST Act, 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 er To:

1 The Principal District and Sessions Judge, (PCR Court), Ramanathapuram 2.The Deputy Superintendent of Police, Mudukulathur Division, Ramanathapuram District.

3.The Sub Inspector of Police, Elanjambur Police Station, Ramanathapuram District.

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

+1cc to Mr.A.Uthaya Kumar,Advocate Sr.No. 8223 Jam/17.02.17 /CM-MSA/SAR 1/2p-6c Crl.O.P.(MD) No.1597 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 14.02.2017