Madras High CourtCRL OP(MD)/4515/2017ordered

B.Maruthu Pandian v. The Inspector Of Police

2017-04-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4515 of 2017 B.Maruthu Pandian : Petitioner Vs.

The Inspector of Police, Narikudi Police Station, Virudhunagar District.

(Crime No.56 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 (PCR), Virudhunagar at Srivilliputhur to accept the surrender and consider the bail application of the petitioner on the same day in connection with Crime No.56 of 2017 on the file of the respondent herein.

For Petitioner : Mr.D.Sivaraman For Respondent : 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 Principal District and Sessions Court (PCR), Virudhunagar at Srivilliputhur, to accept the surrender of the petitioner and consider the bail application on merits on the same day of his surrender, in Crime No.56 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 294(b), 324 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Prevention of SC/ST Atrocities Act, 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 respondent and submits that the injured has been discharged from the hospital.

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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 (PCR), Virudhunagar at Srivilliputhur, in respect of Crime No.56 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.56 of 2017, the Principal District and Sessions Court (PCR), Virudhunagar at Srivilliputhur, 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. This petition is disposed of with the above direction. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Court (PCR), Virudhunagar at Srivilliputhur.

2.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

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

+1CC to M/S.D.Sivaraman, Advocate, SR.No. 52182 Order made in Crl.O.P.(MD)No.4515 of 2017 Dated: 17.04.2017 SML AM/SKN RSK/SAR 3/20.04.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/