Madras High CourtCRL OP(MD)/1684/2017disposed of

Kapil v. The Deputy Superintendent Of

2017-02-15Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1684 of 2017 Kapil : Petitioner/A2 -vsState rep. by 1.The Deputy Superintendent of Police, Ramanathapuram Town, Ramanathapuram.

2.The Inspector of Police, Bazaar Police Station, In Crime No.51/2017, Ramanathapuram District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure,praying to direct the Principal District and Sessions Judge (PCR Act cases), Ramanathapuram, to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.51 of 2017 on the file of the 2nd respondent.

For Petitioner : Mr.M.Subash Babu For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the Principal District and Sessions Judge (PCR Act cases), Ramanathapuram, to consider the bail application of the petitioner/A2 on the same day of his surrender in connection with the case in Crime No.51 of 2017 on the file of the respondents police.

2.The learned counsel for the petitioners has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 279, 337, 294(b), 506(i) of IPC r/w 3(i) (r) & 3(i)(s) SC/ST Amendment Act 2015, in Crime No.51 of 2017 and that in view of the specific bar under Section 18 of the SC & https://hcservices.ecourts.gov.in/hcservices/

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.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 Principal District and Sessions Judge (PCR Act cases), Ramanathapuram, within fifteen days from today and if he filed any bail application in this crime number, the Principal District and Sessions Judge (PCR Act cases), 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.

5.With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To:

1.The Principal District and Sessions Judge (PCR Act Cases), Ramanathapuram.

2.The Deputy Superintendent of Police, Ramanathapuram Town, Ramanathapuram.

3.The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

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

+1 cc to M/s.M.Subash Babu, Advocate in SR.No.8687 er CSL/CM-MSA/SAR-II/21.02.2017 : 2P/6C Crl.O.P.(MD) No.1684 of 2017 15.02.2017 https://hcservices.ecourts.gov.in/hcservices/