Madras High CourtCRL OP(MD)/3409/2017ordered

Perumal @ Ramesh, v. The Deputy Superintendent Of

2017-03-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3409 of 2017 Perumal @ Ramesh : Petitioner Vs.

State rep. by 1.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District.

2.The Inspector of Police, Sempatti Police Station, In Cr.No.45 of 2017, Dindigul District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge (PCR Act Cases), Dindigul, to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.45 of 2017 on the file of the second respondent.

For Petitioner : Mr.M.Subash Babu For Respondents : Mr.K.Anbarasan, 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 learned Principal District and Sessions Judge (PCR Act Cases), Dindigul, to accept the surrender of the petitioner and consider the bail application on merits on the same day of his surrender, in Crime No.45 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 324, 506(ii) of the Indian Penal Code and Section 3(1)(r)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment 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.

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3. The learned Government Advocate (Criminal side) takes notice for the respondents and submits that 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 learned Principal District and Sessions Judge (PCR Act Cases), Dindigul, in respect of Crime No.45 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.45 of 2017, the learned Principal District and Sessions Judge (PCR Act Cases), Dindigul, 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 the above direction, this petition is disposed of. Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge (PCR Act Cases), Dindigul.

2.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Dindigul District.

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

+2 CC to M/s.SUBASH BABU, Advocate, SR No. 17343,17491 SML PSM/SV-MMS/SAR3/27.03.2017/2P/7C Order made in Crl.O.P.(MD)No.3409 of 2017 Dated: 23.03.2017 https://hcservices.ecourts.gov.in/hcservices/