Madras High CourtCRL OP(MD)/1688/2017disposed of

Karthick 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.1688 of 2017 Karthick : Petitioner/Accused Rank not known -vs1.The Deputy Superintendent of Police, Devakottai, Sivagangai District.

2.The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

(Crime No.57/2016) : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Sessions Judge-cum-PCR Court, Sivagangai, to accept the surrender of the petitioner and consider this bail application on the same day in connection with Crime No.57 of 2016 on the file of the respondent police.

For Petitioner : Mr.S.M.Sanjay 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 Sessions Judge-cum-PCR Court, Sivagangai, to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.57 of 2016 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, 294(b), 323, 506(i) IPC r/w 3(1)(r) (s) of SC/ST Act (POA) Act, in Crime No.57 of 2016 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. https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge-cum-PCR Court, Sivagangai, within fifteen days from today and if he filed any bail application in this crime number, the learned Sessions Judge-cum-PCR Court, Sivagangai, 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 Deputy Superintendent of Police, Devakottai, Sivagangai District.

2.The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

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

+One cc to Mr.S.M.Sanjay, Advcate, SR.No.8452 er RL/5C/2P/CM/MSA/SARI/16.2.2017 Crl.O.P.(MD) No.1688 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 15.02.2017