Madras High CourtCRL OP(MD)/1783/2017disposed of

Ifram Alias Mohamed Ibram v. The Assistant 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.1783 of 2017 Ifram @ Mohamed Ibram : Petitioner/Accused No.2 -vs1.The State rep. by The Assistant Superintendent of Police, Pattukottai, Thanjavur District.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

(Crime No.269 of 2016) : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 1st Additional District and Session Court (PCR), Thanjavur, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.269 of 2016, dated 24.12.2016 on the file of the 2nd respondent.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the 1st Additional District and Session Court (PCR), Thanjavur, to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.269 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 294(b) IPC r/w Section 3(1)(r), 3(1)(S), 3 (1)(w)(ii), 3(2) (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, in Crime No.269 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 https://hcservices.ecourts.gov.in/hcservices/

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 1st Additional District and Session Court (PCR), Thanjavur, within fifteen days from today and if he filed any bail application in this crime number, the 1st Additional District and Session Court (PCR), Thanjavur, 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 Assistant Superintendent of Police, Pattukottai, Thanjavur District.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

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

4.1st Additional District and Session Court (PCR), Thanjavur.

+1cc to Mr.HAROON RASHEED Advocate in SR. No.9271 JS/PM/PN/21.02.2017/2P-5C Crl.O.P.(MD) No.1783 of 2017 17.02.2017 https://hcservices.ecourts.gov.in/hcservices/