Madras High CourtCRL OP(MD)/5652/2017disposed of

Venkates @ Venkateshwaran, 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.5652 of 2017 A.Venkates @ Venkateshwaran ...Petitioner/ Accused Rank not known -VsThe State Represented by Inspector of Police, Valliyur Police Station, Tirunelveli District.

(Crime No. 92 of 2017) ...Respondent / Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Hon'ble Special Judge for Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act cum II Additional Principal District and Sessions Judge (PCR Unit), Tirunelveli, to consider the bail application filed by the petitioner herein and pass orders on the same day, if the petitioner's surrender before the said Court in connection with the case in Crime No, 92 of 2017, on the file of the respondent Police.

For Petitioner : Mr.P.Thilak kumar For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, to direct the learned Special Judge for Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act-cum-II Additional Principal District and Sessions Judge (PCR Unit), Tirunelveli, to consider the bail application filed by the petitioner herein and pass orders on the same day, if the petitioner's surrender before the said Court in connection with the case in Crime No, 92 of 2017 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 147, 148, 294(b), 324 and 506(ii) of I.P.C r/w. Sections 3 (1) (r), 3(1) (s) and 3 (2) (va) of Amendment https://hcservices.ecourts.gov.in/hcservices/

Ordinance 2015 of the Schedule Castes and the Schedule 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 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/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To:

1.The Special Judge for Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act-cum-II Additional Principal District and Sessions Judge (PCR Unit), Tirunelveli.

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

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

+1 CC TO MR.P.THILAKKUMAR,ADVOCATE,SR NO.55661 dss/smn2 MAS/JC/SAR4:09.05.2017:2P-5C Crl.O.P.(MD) No.5652 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/