Madras High CourtCRL OP(MD)/1950/2017disposed of

Veera Chinnu, v. The Deputy Superintendent Of

2017-02-22Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.1950 of 2017 Veera Chinnu .. Petitioner/A2 -vs1.The Deputy Superintendent of Police, Kovipatti, Tuticorin District.

.. Respondent No.1/investigating officer 2.State through the Inspector of Police, Kayathar Police Station, In Crime No.49/2017, Tuticorin District. .. Respondent No.2/Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the IIAdditional District Court (PCR), Tirunelveli, to consider and pass orders on the bail application of the petitioner on the same day in Crime No.49 of 2017.

For Petitioner : Mr.R.Raja Mohan For Respondents : Mr.K.V.Rajarajan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the IIAdditional District Judge (PCR), Tirunelveli, to consider the bail application of the petitioner/A2 on the same day of his surrender in connection with the case in Crime No.49 of 2017 on the file of the respondents police.

2.The learned counsel for the petitioners has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 294(b), 323, 506(ii) of IPC r/w 3(1)(r) & 3(1)(s), 3(2)(va) of SC/ST Amendment Act 2015, in Crime No.49 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.

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3.Heard Mr.K.V.Rajarajan, 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 II-Additional District Judge (PCR), Tirunelveli, within fifteen days from today and if he filed any bail application in this crime number, the II-Additional District Judge (PCR), Tirunelveli, 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.

5. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The II-Additional District Court (PCR), Tirunelveli.

2.The Deputy Superintendent of Police, Kovipatti, Tuticorin District.

3.The Inspector of Police, Kayathar Police Station, Tuticorin District.

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

+1cc to MR.A.Rajamohan,Advocate,SR.9785 Crl.O.P.(MD) No.1950 of 2017 22.02.2017 PJL KK-JM-SAR1-23.02.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/