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Madras High CourtCRL OP(MD)/5042/2017disposed of

Arul Selvi, F/A v. The Deputy Superintendent Of

2017-04-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.5042 of 2017 Arul Selvi ... Petitioners/A1 -vs1.

The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

2.

The Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.75/2017) .. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the I Additional District and Sessions Judge (PCR), Thanjavur to accept the surrender of the petitioner and consider the bail application to be filed by the petitioner on the same day on merits in crime no.75 of 2017 on the file of the 2nd respondent police. For Petitioner : Mr.V.Sasi Kumar For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the I Additional District and Sessions Judge (PCR), Thanjavur to accept the surrender of the petitioner and consider the bail application to be filed by the petitioner on the same day on merits in Crime No.75 of 2017 on the file of the 2nd respondent police.

2. Learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 341, 294(b), 324 and 506(ii) IPC, Section 3(i)(r) and 3(i)(s), 3(2)(va) of SC/ST PoA Act in Crime No.75 of 2017 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. Learned Government Advocate (Crl.Side) takes notice for the respondents 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 learned I Additional District and Sessions Judge (PCR), Thanjavur in respect of Crime No.75 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.75 of 2017, learned I Additional District and Sessions Judge (PCR), Thanjavur in turn, is directed to accept her surrender and consider her bail application on merits and in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

SD ASST REGISTRAR ( CO ) TRUE COPY SUB ASST REGISTRAR ar To:

1.

The I Additional District and Sessions Judge (PCR), Thanjavur.

2. The Deputy Superintendent of Police, Orathanadu Sub-Division,Thanjavur District.

3. The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

1CC TO MR. V. SASIKUMAR,ADVOCATE SR: 53812 AM SKN RSK SAR 3/ 26/04/2017 2P 6C Crl.O.P.(MD) No.5042 of 2017 25.04.2017 https://hcservices.ecourts.gov.in/hcservices/