Madras High CourtCRL OP(MD)/5674/2017disposed of

Malligai, 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.5674 of 2017 Malligai

...Petitioner/ Accused

Rank Not Known -Vs1.The Deputy Superintendent of Police, Thalaiyuthu Division, Tirunelveli District.

2.The State Represented by, The Inspector of Police, Thalaityuthu Police Station, Tirunelveli District (Crime No. 120 of 2017) ...Respondents/ Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the II Additional Sessions Court, Tirunelveli (Special Court for S.C and S.T. Act cases (P.C.R. Court)), to consider the petitioner's bail application on the date of surrender before the Court in respect of Crime No.120 of 2017 on the file of the Respondent and to dispose of her bail application on the same day itself.

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

O R D E R

This petition is filed, to direct the learned II Additional Sessions Judge, Tirunelveli (Special Court for S.C and S.T. Act cases (P.C.R. Court)) to consider the petitioner's bail application on the date of surrender before the Court in respect of Crime No.120 of 2017 on the file of the Respondent police and to dispose of her bail application on the same day itself. https://hcservices.ecourts.gov.in/hcservices/

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 323 I.P.C. r/w. Sections 3 (1) (r), 3 (1) (s) and 3 (1) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and that in view of the specific bar under Section 18 of the SC/ST Act, she 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(AD-II) /True copy/ Sub Assistant Registrar To:

1.The II Additional Sessions Judge, (Special Court for S.C. and S.C. Act Cases, P.C.R. Court), Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Thalaiyuthu Division, Tirunelveli District.

3.The Inspector of Police, Thalaityuthu Police Station, Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to MR.S.Krishnan , Advocate in SR.No. 55733 das/smn2 AE/MMS/SAR4/09.05.2017/2P/6C Crl.O.P.(MD) No.5674 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/