Madras High CourtCRL OP(MD)/5555/2017disposed of

Manikandan v. The Deputy Superintendent Of

2017-05-04Honourable Mr Justice N. Authinathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM

THE HON'BLE MR.JUSTICE N.AUTHINATHAN Crl.O.P.(MD) No.5555 of 2017 S.Manikandan ...Petitioner/Accused No.2 -Vs1.The Deputy Superintendent of Police, Sivagangai District, Manamadurai.

2.The Inspector of Police, All Women Police Station, Sivagangai District, Manamadurai.

(Crime No.17 of 2015) ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge cum P.C.R.Court, Sivagangai, to accept the surrender of the petitioner and consider his Bail application on the same day in connection with Crime No.17 of 2015 on the file of the respondent police.

For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, for direction to the learned Sessions Judge-cum-P.C.R. Court, Sivagangai, to accept the surrender of the petitioner and consider his Bail application on the same day in connection with Crime No.17 of 2015 on the file of the respondent police.

2. The learned Counsel for the Petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 7 and 8 of Protection of Children From Sexual Offence Act, 2012 and 3 (i), (xi), (xii) of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act and that in view of the specific bar under Section 18 of the SC/ST Act, he cannot move any anticipatory bail application and https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioner has come forward with the above said prayer.

3. The learned Government Advocate (Criminal Side) takes notice for the respondents.

4. This Court does not express any opinion on the merits of the case. However, having regard to the facts and circumstances of the case, this Court directs the petitioner to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file necessary applications for bail. The Court concerned shall consider the same and pass appropriate orders, on merits, on the same day of surrender of the petitioner.

5. With the above direction, this Petition is disposed of. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To:

1.The Sessions Judge-cum-P.C.R.Court, Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai District, Manamadurai.

3.The Inspector of Police, All Women Police Station, Sivagangai District, Manamadurai.

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

+1 cc to Mr.S.Pugalenthi , Advocate in SR.No. 55650 dss/smn2 AE/MMS/SAR4/09.05.2017/2P/6C Crl.O.P.(MD) No.5555 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/