Madras High CourtCRL OP(MD)/3614/2017ordered

Kadhiresan v. The Inspector Of Police

2017-03-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3614 of 2017 Kadhiresan : Petitioner Vs.

The Inspector of Police, Vadakadu Police Station, Pudukkottai.

(Crime No.14 of 2017).

: Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to accept the surrender of the petitioner/Accused No.3 and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.14 of 2017, dated 17.01.2017 on the file of the respondent police. For Petitioner : Mr.K.C.Maniyarasu For Respondent : 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 Principal District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Pudukkottai, to accept the surrender of the petitioner and consider the bail application on merits on the same day of his surrender, in Crime No.14 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 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (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 respondent.

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 Principal District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Pudukkottai, in respect of Crime No.14 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.14 of 2017, the Principal District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Pudukkottai, 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(CSIII) /True Copy/ Sub-Assistant Registrar To 1.The Principal District and Sessions Court [Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Pudukkottai.

2.The Inspector of Police, Vadakadu Police Station, Pudukkottai.

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

+One cc to Mr.K.C.Maniyarasu, Advocate, SR.No.18359 SML RL/5C/2P/SAR2/5.4.2017 Order made in Crl.O.P.(MD)No.3614 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Dated: 28.03.2017