Madras High CourtCRL OP(MD)/1778/2017disposed of

Thiruselvam, v. The Deputy Superintendent Of

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.1778 of 2017 Thiruselvam : Petitioner/Sole Accused -vs1.The Deputy Superintendent of Police, Sivagangai.

2.State, rep, by Inspector of Police, Poovanthi Police Station, Sivagangai District.

(Crime No.20 of 2017) : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned District and Sessions Judge (PCR court), Sivagangai, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.20 of 2017, dated 03.02.2017 on the file of the respondent police. For Petitioner : Mr.D.Rameshkumar 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 District and Sessions Judge (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.20 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), 323, 354 IPC and Section 3(1)(r), 3(1)(s) of SC/ST (POA) Act and 3(1)(xi) of SC/ST (POA) Act, 1989, 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 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 learned District and Sessions Judge (PCR court), Sivagangai, within fifteen days from today and if he filed any bail application in this crime number, the learned District and Sessions Judge (PCR https://hcservices.ecourts.gov.in/hcservices/

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(RTI) /TRUE COPY/ Sub Assistant Registrar To:

1.The District and Sessions Judge, (PCR Court), Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai.

3.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

+1 cc to MR.D.Rameshkumar ADVOCATE, SR NO:9146 er sva/cm/msa/22.02.2017/2p/6c Crl.O.P.(MD) No.1778 of 2017 17.02.2017 https://hcservices.ecourts.gov.in/hcservices/