Madras High CourtCRL OP(MD)/226/2017disposed of

Prasanth Alias Appukutty v. The Deputy Superintendent Of

2017-01-09Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.226 of 2017 Prasanth @ Appukutty : Petitioner/Sole Accused -vs1. The Deputy Superintendent of Police, Muthupettai, Tiruvarur District.

2. State rep. by Inspector of Police, Muthupettai Police Station, Tiruvarur District.

: Respondents/Complainants [Crime No.415/2016] Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and consider his bail application on the same day of merits in relating to the Crime No.415 of 2016, dated 14.11.2016 on the file of the respondent police. For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.A.P.Balasubramanian Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the I Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and consider the bail application on the same day, on merits, in connection with the case in Crime No.415 of2016.

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, 506(i) IPC and Section 3(1) (r), 3(1)(s) and 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 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. https://hcservices.ecourts.gov.in/hcservices/

3.Heard Mr.A.P.Balasubramani, the 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 learned I Additional District and Sessions Judge (PCR Court), Thanjavur, within fifteen days from today and if he filed any bail application in this crime number, learned I Additional District and 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, Muthupettai, Tiruvarur District.

2. The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

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

Crl.O.P.(MD) No.226 of 2017 09.01.2017 er msm-skn/sar1/19.01.17/p2/4c https://hcservices.ecourts.gov.in/hcservices/