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Madras High CourtCRL OP(MD)/5642/2017disposed of

Chinnaselvam @ Selvam, 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.5642 of 2017 Chinnaselvam @ Selvam

...Petitioner/Accused Rank Not known

-VsState Represented by, 1.The Deputy Superintendent of Police, Rural Sub Division, Tirunelveli District.

2.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

(Crime No.119 of 2017] ...Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional Sessions Judge (PCR), Madurai, Madurai District, to accept the surrender of the petitioner in Crime No.119 of 2017 under Sections 147, 294(b), 323, 506 (i) I.P.C., and Section 4 of TNPPDL Act 1984 and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act, on the file of the respondent and dispose the bail application will be filed by the petitioner on the same day itself on merits. For Petitioner : Mr.V.Maharajan 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 Sessions Judge (PCR), Madurai, Madurai District, to accept the surrender of the petitioner in Crime No.119 of 2017 under Sections 147, 294(b), 323, 506 (i) I.P.C., and Section 4 of TNPPDL Act 1984 and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act, on the file of the respondent and dispose of the bail application to be filed by the petitioner on the same day itself on merits.

2. The learned Counsel for the Petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(b), 323, 506 (i) I.P.C., and https://hcservices.ecourts.gov.in/hcservices/

Section 4 of TNPPDL Act 1984 and Sections 3(1)(r), 3(1)(s) and 3 (2)(Va) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act 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/ Assistant Registrar /True Copy/ Sub-Assistant Registrar To:

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

2.The Deputy Superintendent of Police, Rural Sub Division, Tirunelveli District.

3.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

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

+One cc to Mr.V.Maharajan, Advocate, SR.No.55643 smn2/dss RL/6C/2P/JC/SAR4/9.5.2017 Crl.O.P.(MD) No.5642 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 04.05.2017