Madras High CourtCRL OP(MD)/3198/2017ordered

S.Antony Sahaya Dinesh v. The Deputy Superintendent Of

2017-03-21Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3198 of 2017 S.Anton Sahaya Dinesh : Petitioner/A1 Vs.

1.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

2.The Inspector of Police, Ervadi Police Station, Tirunelveli District.

Crime No.36 of 2017.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the First Additional District Court -cum- PCR Court, Tirunelveli, to consider the bail petition of this petitioner in Crime in FIR No.36 of 2017 dated 08.03.2017 on the same day. For Petitioner : Mr.T.Muthukrishnan For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the First Additional District Court -cum- PCR Court, Tirunelveli, to accept the surrender of the petitioner and consider the bail application on merits on the same day of his surrender, in Crime No.36 of 2017 pending on the file of the respondent police.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 447, 452, 294(b), 324, 506(ii) and 427 of the Indian Penal Code r/w Section 3(1)(r), 3(1)(s), 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 2015, and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Criminal side) takes notice for the respondents and the injured has been discharged

from the hospital.

4. Considering the submissions of both sides and also considering the nature of the prayer in this case, in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the petitioner is directed to surrender before the First Additional District Court -cum- PCR Court, Tirunelveli, in respect of Crime No.36 of 2017 on the file of the respondent police, within two weeks from the date of receipt of a copy of this order and on the petitioner's surrender and filing bail application in Crime No.36 of 2017, the First Additional District Court -cumPCR Court, Tirunelveli, in turn, is directed to accept his surrender and consider his bail application on merits and in accordance with law on the same day.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The First Additional District Court -cum- PCR Court, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

3.The Inspector of Police, Ervadi Police Station, Tirunelveli District.

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

+1cc to M/S.T.Muthukrishnan,Advocate SR.No.16106 Order made in Crl.O.P.(MD)No.3198 of 2017 Dated: 21.03.2017 https://hcservices.ecourts.gov.in/hcservices/ JM/SKN RSK/SAR 4/11.04.2017/2P/6C