Madras High CourtCRL OP(MD)/1749/2017disposed of

Singadurai v. The Deputy Superintendent

2017-02-17Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1749 of 2017 Singadurai : Petitioner/Accused No.2 -vs1.The Deputy Superintendent of Police, Manamadurai, Sivagangai.

2.The Inspector of Police, Manamadurai P.S.

In Crime No.568 of 2016 : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to the learned Special Court for Exclusive Trial Cases under SC/ST (POA) Act 1989, Sivagangai, to accept the surrender of this petitioner and to pass order on the same day in their bail application on merits and pass such further or other orders. For Petitioner : Mr.J.Williams Christopher 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 Special Court for Exclusive Trial Cases under SC/ST (POA) Act 1989, Sivagangai, to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.568 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, 148, 294(b), 153A, 307, 212 IPC r/w section 3(a) Explosive Substances Act, Section 3 of TNPPDL Act and section 3(2)(va) of SC/ST (POA) Act, in Crime No.568 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 Special Court for Exclusive Trial Cases under SC/ST (POA) Act 1989, Sivagangai, within fifteen days from today and if he filed any bail application in this crime number, the learned Special Court for Exclusive Trial Cases under SC/ST (POA) Act 1989, 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 Special Judge for Exclusive Trial of Cases,(SC/ST(POA)), Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai.

3.The Inspector of Police, Manamadurai Police station, Sivagangai District.

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

+1cc to Mr.J.William Christopher,Advocate SR.9455 Crl.O.P.(MD) No.1749 of 2017 17.02.2017 ER KK-RSK-SAR1-22.02.2017-2p-6c https://hcservices.ecourts.gov.in/hcservices/