Madras High CourtCRL OP(MD)/4854/2017ordered

Pappammal, v. The Deputy Superintendent Of

2017-04-21Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4854 of 2017 Pappammal : Petitioner/Accused No.2 Vs.

1. State rep. By The Deputy Superintendent of Police, Aundipatti, Theni District.

2. The Inspector of Police, Mayladumparai Police Station, Theni District.

(Crime No.6 of 2017) : Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District Judge (PCR Act Cases), Theni to consider the Bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.6 of 2017 on the file of the 2nd respondent.

For Petitioners : Mr.M.Subash Babu For Respondents : 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 Judge (PCR Act Cases), Theni to consider the Bail application of the petitioner on the same date of surrender in Crime No.6 of 2017 on the file of the second 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), 427, 506(i) of IPC and Sections 3 (1)(r), 3(1)(s), 3(2)(va) of the SC/ST (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 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 Principal District Judge (PCR Act Cases), Theni, in respect of Crime No.6 of 2017 on the file of the second 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.6 of 2017 the Principal District Judge (PCR Act Cases), Theni, in turn, is directed to accept her 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 /True Copy/ Sub Assistant Registrar To

1. The Principal District Judge (PCR Act Cases), Theni.

2. The Deputy Superintendent of Police, Aundipatti, Theni District.

3. The Inspector of Police, Mayladumparai Police Station, Theni District.

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

+1cc to M/S.M.Subash Babu, Advocate SR.No. 53576 Order made in Crl.O.P.(MD)No.4854 of 2017 Dated:21.04.2017 JM/KP/SAR 3/27.04.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/