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Madras High CourtCRL OP(MD)/5687/2017disposed of

Vikki, 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.5687 of 2017 V.Vikki

...Petitioner/ Accused No.3

-Vs1.State Represented by, The Deputy Superintendent of Police, Sivagangai Sub Division, Sivagangai District.

2.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

(Crime No.103 of 2017) ...Respondents/ Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Court cum PCR Court, Sivagangai, Sivagangai District, to consider the bail application on the surrender of the Petitioner in connection with Crime No.103 of 2017 pending investigation on the file of the Respondents on merits on the same day.

For Petitioner : Mr.B.Santhanam Rajeskumar For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, to direct the learned Principal District and Sessions Court cum PCR Court, Sivagangai, Sivagangai District to consider of the bail application on the surrender of the Petitioner in connection with Crime No.103 of 2017 pending investigation on the file of the Respondents on merits on the same day.

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, 323, 324 and 506 (ii) of the Indian Penal Code r/w. Sections 3(1) (r) and 3(1)(s) of the Scheduled Castes and the Scheduled 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 https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge-cum-PCR Court, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai Sub Division, Sivagangai District.

3.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

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

+1cc to Mr.B.Santhanam Rajesh kumar,Advocate,SR.55645 Crl.O.P.(MD) No.5687 of 2017 04.05.2017 DSS/SMN2 kk/SV/SAR4-09.05.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/