Madras High CourtCRL OP(MD)/4972/2017ordered

C. Sivakamasundari, v. The Deputy Superintendent Of

2017-04-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4972 of 2017 C.Sivakamasundhari : Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

2.The State Rep. By, The Inspector of Police, Nagamalai Puthukottai Police Station, Madurai District.

: Respondents/Complainants Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to pass an order permitting the petitioner to accept and surrender before the learned III Additional District and Sessions Court (PCR), Madurai in connection with Crime No.533 of 2014 on the file of the respondent police and file an application for the grant of bail on the same day and in event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioners : Mr.G.Anbu Saravanan 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 III Additional District and Sessions Court (PCR), Madurai to consider the Bail application of the petitioner on the same date of surrender in Crime No.533 of 2014 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 147, 294(b), 355, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) 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 https://hcservices.ecourts.gov.in/hcservices/

anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

3. Today, Mr.A.Ochathevan, Special Sub Inspector of Police, Nagamalai Puthukottai Police Station, is present before this Court.

4.The learned Government Advocate (Criminal side) takes notice for the respondents and submitted that the investigation has been completed and charge sheet has been filed in P.R.C. No.86 of 2016 before the Judicial Magistrate No.VI, Madurai. 5.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 III Additional District and Sessions Court (PCR), Madurai, in respect of Crime No.533 of 2014 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.533 of 2014 the III Additional District and Sessions Court (PCR), Madurai, in turn, is directed to accept her surrender and consider her bail application on merits and in accordance with law on the same day.

6. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The III Additional District and Sessions Court, Madurai.

2.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

3.The Inspector of Police, Nagamalai Puthukottai Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.G.Anbu Saravanan, Advocate,SR.No.53633 Mrn/RR RL/6C/2P/SKN/SAR4/3.5.2017 Order made in Crl.O.P.(MD)No.4972 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Dated:24.04.2017