Madras High CourtCRL OP(MD)/1700/2017disposed of

Muthusamy Gounder 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.1700 of 2017 Muthusamy Gounder : Petitioner/Accused No.1 -vs1.The Deputy Superintendent of Police, Ottanchathiram, Dindigul District.

2.The Inspector of Police, Kallimandiyam Police Station, Dindigul 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 Court, Dindigul (Special Court for SC/ST Act), to accept the surrender of the petitioner along with the bail application in Crime No.14 of 2017 on the file of the respondent police herein and to dispose the bail application on the same day on merits and pass such further or other orders. For Petitioner : Mr.R.Shankar Ganesh 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 Court, Dindigul (Special Court for SC/ST Act), to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.14 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 294(b), 324 IPC r/w 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act 2015, in Crime No.14 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. 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 Principal District and Sessions Court, Dindigul (Special Court for SC/ST Act), within fifteen days from today and if he filed any bail application in this crime number, the Principal District and Sessions Court, Dindigul (Special Court for 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 ASST REGISTRAR ( RTI ) TRUE COPY SUB ASST REGISTRAR er To:

1.The Principal District and Sessions Judge, (Special Court for SC/ST, Act), Dindigul.

2.The Deputy Superintendent of Police, Ottanchathiram, Dindigul District.

3.The Inspector of Police, Kallimandiyam Police Station, Dindigul District.

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

1CC TO MR. R. SHANKAR GANESH, ADVOCATE SR: 8444 MSM PM PN SAR 1 16 2 17 2P 6C Crl.O.P.(MD) No.1700 of 2017 15.02.2017 https://hcservices.ecourts.gov.in/hcservices/