Madras High CourtCRL OP(MD)/3451/2017ordered

Japargan, v. The Deputy Superintendent Of

2017-03-24Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3451 of 2017 Japargan : Petitioner/A2 Vs.

1.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

2.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

(Crime No.52 of 2017).

: Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Ramanathapuram, to accept the surrender of the petitioner/accused No.2 and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.52 of 2017 on the file of the second respondent police.

For Petitioner : Mr.D.Balamurugapandi 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 District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Ramanathapuram, to accept the surrender of the petitioner and consider the bail application on merits on the same day of his surrender, in Crime No.52 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, 294(b) and 323 of the Indian Penal Code r/w Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Amendment Ordinance Act, 2014, 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.

3. The learned Government Advocate (Criminal side) takes notice for the respondents.

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 District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Ramanathapuram, in respect of Crime No.52 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.52 of 2017, the District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Ramanathapuram, 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 District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Ramanathapuram.

2.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

3.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

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

+1 cc to Mr.D.Balamurugapandi , Advocate in SR.No. 17446 SML AE/RR/04.04.2017/3P/6C Order made in Crl.O.P.(MD)No.3451 of 2017 Dated: 24.03.2017