Madras High CourtCRL OP(MD)/3525/2017ordered

Mathu@Mathivanan v. The Deputy Superintendent Of

2017-03-27Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3525 of 2017 Mathu @ Mathivanan : Petitioner Vs.

1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Sivagangai District to consider the bail application of the petitioner/accused No.6 if any filed by him on his surrender on the same day in Crime No.110 of 2017 on the file of the second respondent police.

For Petitioner : Mr.R.Srinivasan 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 learned Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Sivagangai District, to accept the surrender of the petitioner and consider the bail application on merits on the same day of his surrender, in Crime No.110 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, 148, 341, 324, 506(ii) of the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) 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.

3. The learned Government Advocate (Criminal side) takes notice for the respondents and submits that the injured has been discharged from the hospital. He further submits that there is no previous case against this petitioner.

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 Sessions Judge -cum- Special Judge for P.C.R. Cases, Sivagangai District, in respect of Crime No.110 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.110 of 2017, the learned Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Sivagangai District, 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(RTI) /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge -cum- Special Judge for P.C.R. Cases, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

+1cc to MR.R.Srinivasan,Advocate,SR.18647 Order made in Crl.O.P.(MD)No.3525 of 2017 27.03.2017 SML KK-SVMMS-SAR2-07.04.2017-2P-6C

Dated: 27.03.2017