Madras High CourtCRL OP(MD)/2209/2017disposed of

Jayalakshmi, v. The Deputy Superintendnt Of

2017-03-01Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.2209 of 2017 Jayalakshmi : Petitioner/Sole Accused -vs1.The Deputy Superintendent of Police, Thanjavur Taluk, Thanjavur.

2.State rep. by Inspector of Police, Thanjavur Taluk Police Station, Thanjavur. : Respondents/Complainants (Crime No.64/2017) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the I Additional District & Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime No.64 of 2017, dated 22.02.2017 on the file of the respondent police. For Petitioner : Mr.S.Rajaprabhu For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the I Additional District & Sessions Judge (PCR Court), Thanjavur, to consider the bail application of the petitioner on the same day of her surrender in connection with the case in Crime No.64 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 Sections448, 294(b), 323 IPC r/w 3(1)(r)(s) and 3(2)(v-a) of SC/ST (POA) Act, in Crime No.64 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. 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 I Additional District & Sessions Judge (PCR Court), Thanjavur, within https://hcservices.ecourts.gov.in/hcservices/

fifteen days from today and if she filed any bail application in this crime number, the I Additional District & Sessions Judge (PCR Court), 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 Deputy Superintendent of Police, Thanjavur Taluk, Thanjavur.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

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

+1 cc to MR.S.Rajaprabhu ADVOCATE, SR NO:11734 er sva/jm/sar2/03.03.2017/2p/5c Crl.O.P.(MD) No.2209 of 2017 01.03.2017 https://hcservices.ecourts.gov.in/hcservices/