Madras High CourtCRL OP(MD)/338/2017disposed of

S.Velupandi @ Venkatesh v. The Inspector Of Police

2017-01-11Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2017

CORAM

THE HON'BLE MR.JUSTICE B.GOKULDAS Crl.O.P.(MD) No.338 of 2017 S.Velupandi @ Venkatesh ..Petitioner/Accused Rank not known Vs.

The Inspector of Police, Papakudi Police Station, Tirunelveli District.

(Crime No.216 of 2016) ..Respondent/Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned II-Additional District & Sessions Judge(PCR Court), Tirunelveli, to accept the surrender of the petitioner in Crime No.216 of 2016, on the file of the Inspector of Police, Papakudi Police Station, Tirunelvlei District. For Petitioner : Mr.S.R.A.Ramachandhran For Respondent : Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IIAdditional District & Sessions Judge(PCR Court), Tirunelveli, to consider the bail application of the petitioner on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The petitioner is arrayed as accused in Crime No.216 of 2016 for the offences punishable under Sections 294(b), 323 and 506 (ii) of I.P.C., r/w Section 3(1)(r) 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, and that in view of the specific bar contained in Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come up with this petition.

4.The learned Government Advocate (Crl. Side) would submit that the injured had already been discharged from the hospital. 5.Considering the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order https://hcservices.ecourts.gov.in/hcservices/

and file bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.216 of 2016 and consider the petitioner's bail application and dispose of the same on merits and in accordance with law, on the same day of his surrender.

6.This Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS) To 1.The II-Additional District & Sessions Judge(PCR Court), Tirunelveli.

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

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

+1cc to M/s.S.R.A.Ramachandran, Advocate in SR.2153 Crl.O.P.(MD) No.338 of 2017 11.01.2017 pjl PBK/EM-MPA 20/01/2017 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/