Madras High CourtCRL OP(MD)/1782/2017disposed of

Paulpandi 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.1782 of 2017 Minor Paulpandi : Petitioner/Accused No.3 Represented by his father Soundarapandi -vs1.The Deputy Superintendent of Police, Sattur, Virudhunagar District.

2.State rep. by its The Sub Inspector of Police, Irukkangudi Police Station, Virudhunagar District, Crime No.21 of 2017 : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Juvenile Justice Board, Virudhunagar, to consider the bail application of the petitioner on same day on his surrender in connection with Crime No.21 of 2017 on the file of the 2nd respondent and to pass such further or other orders.

For Petitioner : Mr.A.Mohamed Haneef For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the Juvenile Justice Board, Virudhunagar, to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.21 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 of IPC and Section 3(1)(r), 3 (1)(S), 3(2)(Va) of SC/ST Act (POA) Amendment Act 2015, in Crime No.21 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 https://hcservices.ecourts.gov.in/hcservices/

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 Juvenile Justice Board, Virudhunagar, within fifteen days from today and if he filed any bail application in this crime number, the Juvenile Justice Board, Virudhunagar, is directed to dispose of the application, after giving notice to the concerned Police, 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, Sattur, Virudhunagar District.

2.The Sub Inspector of Police, Irukkangudi Police Station, Virudhunagar District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4. The Juvenile Justice Board, Virudhunagar.

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate, SR No. 9232. ER PSM/RSK/SAR2/21.02.2017/2P/6C Crl.O.P.(MD) No.1782 of 2017 17.02.2017 https://hcservices.ecourts.gov.in/hcservices/