Madras High CourtCRL OP(MD)/1734/2017disposed of

Ganesan v. The Deputy Superintendent Of

2017-02-16Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1734 of 2017 Ganesan : Petitioner/Sole Accused -vsState rep. by

1. The Deputy Superintendent of Police, Ottanchathiram Division, Dindigul District.

2.The Inspector of Police, Kannivadi Police Station, Dindigul District. : Respondents/Complainants Crime No.20 of 2017 Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Judge (PCR Act Cases), Dindigul, to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.20 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), Dindigul, to accept the surrender of the petitioner and consider the bail application on the same day, on merits, in connection with the case in Crime No.20 of 2017.

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), 506(i) of IPC @ 341, 294(b), 506(i) of IPC r/w section 3(1)(v) SC/ST (POA) Amendment Act 2014, in Crime No.20 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 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, the 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 petitioners are directed to surrender before the Principal District and Sessions Judge (PCR Act Cases), Dindigul, 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), Dindigul, 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 To:

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

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

3.The Inspector of Police, Kannivadi Police Station, Dindigul 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. 8827 er CSL/CM-MSA/SAR-II/21.02.2017 : 2P/6C Crl.O.P.(MD) No.1734 of 2017 16.02.2017 https://hcservices.ecourts.gov.in/hcservices/