Madras High CourtCRL OP(MD)/363/2017disposed of

J.Sasikumar v. The Deputy Superintendent Of

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.363 of 2017 J.Sasikumar .. Petitioner/Accused No.3 Vs.

1. State rep. by The Deputy Superintendent of Police, Aravakuruchi Circle, Karur District.

2. The Inspector of Police, Velayuthampalayam Police Station, Karur District.

(Crime No.637 of 2016) .. Respondents/complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying a to direct the learned Principal District & Sessions Judge cum PCR Court, Karur, to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioner surrender before the learned Principal District and Sessions Judge cum PCR Court, Karur in Crime No.637 of 2016 on the file of the respondents.

For Petitioner : Mr.R.Mathiyalagan For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned Principal District & Sessions Judge cum PCR Court, Karur, 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 respondents.

3. The petitioner is arrayed as accused No.3 in Crime No.637 of 2016 for the offences punishable under Sections 147, 341, 294(b), 323 and 506(i) of I.P.C., r/w. Section 3(1)(r), 3(1) (s), 3(1)(w)(i), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 4 of TNPHW Act, 2002, 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.

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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 and file bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.637 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(crl.side ) /True Copy/ Sub Assistant Registrar To 1.The Principal District & Sessions Judge cum PCR Court, Karur.

2.The Deputy Superintendent of Police, Aravakuruchi Circle, Karur District.

3.The Inspector of Police, Velayuthampalayam Police Station, Karur District.

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

+1cc to Mr.R.Mathiyalagan,Advocate Sr.No.2204 Crl.O.P.(MD) No.363 of 2017 11.01.2017 pjl um/em-mpa/sar III/11.01.2017/2p/6c https://hcservices.ecourts.gov.in/hcservices/