Madras High CourtCRL OP(MD)/5633/2017disposed of

Saritha 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.5633 of 2017 Saritha, S/o.Late.Baskaran

...Petitioner/ Accused No.3

-Vs1.The State Represented by, The Deputy Superintendent of Police, Usilampatti, Madurai District.

2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District, (Crime No.297 of 2016 ...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 (PCR Court), Madurai, to consider the bail application to be filed by the petitioner on the same day itself in Crime No.297 of 2016 on the file of the Inspector of Police, Usilampatti Taluk Police Station, pending investigation with such terms and conditions imposed by this Court. For Petitioner : Mr.A.Mahendra Varman 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 (PCR Court), Madurai, to consider the bail application to be filed by the petitioner on the same day itself in Crime No.297 of 2016 on the file of the Inspector of Police, Usilampatti Taluk Police Station, pending investigation with such terms and conditions to be imposed by this Court.

2. The learned Counsel for the Petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 452, 294(b), 324, 323 and 506(ii) I.P.C. and Section 4 of the Prohibition of Harassment of Women Act, 2002 https://hcservices.ecourts.gov.in/hcservices/

and Section 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/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To:

1.The III Additional District and Sessions Judge [PCR Court], Madurai.

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

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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

+1 CC TO MR.A.MAHENDRA VARMAN, ADVOCATE,SR NO.55629 smn2/dss MAS/JC/SAR4:09.05.2017:2P-6C Crl.O.P.(MD) No.5633 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/