Madras High CourtCRL OP(MD)/19052/2016disposed of

Santhanapandi @ Santhanam v. The Inspector Of Police

2016-10-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19052 of 2016 Santhanapandi @ Santhanam .. Petitioners/A7 Vs State represented by The Inspector of Police, Austinpatti Police Station, Austinpatti, Madurai District.

(Crime No.461 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned III-Additional District and Sessions Judge,(Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai District, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.461 of 2016 on the file of the respondent police.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IIIAdditional District and Sessions Judge,(Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai District, to consider the bail application on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3 The petitioner is arrayed as accused in Crime No.461 of 2016 for the offences punishable under Sections 147, 341,324, 506 (i) and 109 IPC read with Section 3(i)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition. 4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital.

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5.Considering the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.461 of 2016 and consider the bail application of the petitioner and dispose of the same on merits and in accordance with law, on the same day of his surrender.

6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.III-Additional District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Madurai District.

2.The Inspector of Police, Austinpatti Police Station, Austinpatti, Madurai District.

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

+1cc to M/s.T.Vadivelan, Advocate SR.No.58344 Crl.O.P.(MD) No.19052 of 2016 04.10.2016 pjl SD/SK-SKN/14.10.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/