Madras High CourtCRL OP(MD)/2065/2017disposed of

Ayyappan v. The Deputy Superintendent Of

2017-02-27Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.2065 of 2017 Ayyappan : Petitioner/A2 -vs1.The Deputy Superintendent of Police, Alangulam Sub Division, Alangulam, Tirunelveli District.

2.The Inspector of Police, Alangulam Police Station, Alangumal, Tirunelveli District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned 2nd Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Tirunelveli, to consider the bail application of the petitioner on the same day of his surrender in Crime No.30 of 2017 on the file of the respondents police and pass such other and further orders.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned 2nd Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Tirunelveli, to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.30 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 341, 342, 294(b), 307 and 506(ii) IPC and Section 3 (1)(r), 3(1)(s) and 3(2)(v)(a) of SC/ST Amendment Act, in Crime No.30 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.K.Anbarasan, learned Government Advocate (Crl.Side) who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/

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 2nd Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, Tirunelveli, within fifteen days from today and if he filed any bail application in this crime number, the learned 2nd Additional Sessions Judge for SC/ST (Prevention of Atrocities) Act, PCR Court, 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. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To:

1.2nd Additional Sessions Judge SC/ST (Prevention of Atrocities) Act, PCR Court, Tirunelveli, 2.The Deputy Superintendent of Police, Alangulam Sub Division, Alangulam, Tirunelveli District.

3.The Inspector of Police, Alangulam Police Station, Alangumal, Tirunelveli District.

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

+1 cc to MR.Pragalathan, ADVOCATE, SR NO:10817 Crl.O.P.(MD) No.2065 of 2017 27.02.2017 er sva/bs/sar3/02.03.2017/2p/6c https://hcservices.ecourts.gov.in/hcservices/