Madras High CourtCRL OP(MD)/5560/2017disposed of

Arasu Chettiyar v. The Inspector Of Police

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.5560 of 2017 S.Arasu Chettiyar ...Petitioner/Sole Accused -VsState Represented by Inspector of Police, Chinnakovilankulam, Crime No.47/2017, Tirunelveli District. ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional Sessions Judge, (PCR Court) Tirunelveli, Tirunelveli District, to consider the petitioner's bail application on merits on the date of surrender on the same day in Crime No. 47/2017 on the file of the Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District.

For Petitioner : Mr.K.Prabhu For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, for direction to the learned II Additional Sessions Judge, (PCR Court) Tirunelveli, Tirunelveli District to consider the petitioner's bail application on merits on the date of surrender on the same day in Crime No. 47/2017 on the file of the Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District.

2. The learned Counsel for the Petitioner submits that the petitioner has been implicated in this case for the alleged offences under Section 294(b) I.P.C. r/w. Sections 3(1)(r), 3(1) (s), 3(2) (va) of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Amended Act 2015, and that in view of specific bar under Section 18 of the SC/ST Act, he cannot move any https://hcservices.ecourts.gov.in/hcservices/

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

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

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/- Vacation OFficer /True Copy/ Sub Assistant Registrar To:

1. The II Additional Sessions Judge [PCR Court], Tirunelveli District.

2. The Inspector of Police, Chinnakovilankulam, Tirunelveli District.

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

+ 1 CC TO Mr.K.PRABHU, ADVOCATE IN SR No. 55656 DSS/SMN2 TE/RSK-SAR-IV : 09/05/2017 : 2P/5C Crl.O.P.(MD) No.5560 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/