Madras High CourtCRL OP(MD)/5568/2017disposed of

Thirumurugan @ Thirumugam 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.5568 of 2017 K.Thirumurugam @ Thirumugam ... Petitioner/Sole Accused -Vs1. The State Represented by, The Deputy Superintendent of Police, Samayanallur, Madurai District.

2. The Inspector of Police, Vadipatti Police Station, Madurai District, (Crime No.236 of 2017 ...Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act (PCR Unit), Madurai, to consider the bail application of the petitioner on the very same day of his surrender in Crime No.236 of 2017 on the file of the respondent police. For Petitioner : Mr.B.Viswanathan For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, for direction to the learned III Additional District and Sessions Judge Cum SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai, to consider the bail application of the petitioner on the very same day of his surrender in Crime No.236 of 2017 on the file of the respondent police.

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2. The learned Counsel for the Petitioner submits that the petitioner has been implicated in this case for the alleged

offences under Sections 294(b) and 506(i) I.P.C. and Sections 3(1) (r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Amendment Act 2015, and that in view of specific bar under Section 18 of the SC/ST Act, he cannot move any 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 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/- Vacation Officer /True Copy/ Sub Assistant Registrar To:

1. The III Additional District and Sessions Judge-cum-SC/ST [Prevention of Atrocities] Act [PCR Unit], Madurai.

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

3. The Inspector of Police, Vadipatti Police Station, Madurai District.

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

+ 1 CC TO Mr.B.VISWANATHAN, ADVOCATE IN SR No. 55642 DSS/SMN2 TE/RSK-SAR-IV : 09/05/2017 : 2P/6C Crl.O.P.(MD) No.5568 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/