Madras High CourtCRL OP(MD)/5654/2017disposed of

Krishnasami, 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.5654 of 2017 G.Krishnasami ...Petitioner/ Accused No.2 -Vs1.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

2.The Inspector of Police, Malaiyur Police Station, Pudhukottai District.

(Crime No.38/2017) ...Respondents/ Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge, Pudhukottai (Special Court for Schedule Castes and Schedule Tribes Act cases, (PCR) to consider the bail application of the petitioner in Crime No.38 of 2017 on the same date of surrender of the petitioner and dispose the same on its merits in accordance with Law.

For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, to direct the learned Principal Sessions Judge, Pudukottai (Special Court for Schedule Castes and Schedule Tribes Act cases (PCR), to consider the bail application of the petitioner in Crime No. 38 of 2017 on the same date of surrender of the petitioner and dispose the same on its merits in accordance with Law.

2. The learned Counsel for the Petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 341, 294(b), 324 and 307 of I.P.C and Sections 3 (1) (r), 3(1) (S) and 3 (2) (va) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act 2015, 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 https://hcservices.ecourts.gov.in/hcservices/

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/- Vaccation officer /True Copy/ Sub Assistant Registrar To:

1.The Principal Sessions Judge, (Special Court for SC/ST Act Cases (PCR)), Pudukottai.

2.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

3.The Inspector of Police, Malaiyur Police Station, Pudhukottai District.

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

+1cc to Mr.Karthick subramaniam,Advocate,SR.55638 Crl.O.P.(MD) No.5654 of 2017 04.05.2017 DSS/SMN2 kk/SV/SAR4-09.05.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/