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Madras High CourtCRL OP(MD)/5864/2017ordered

Ragu @ Ragothaman v. The Deputy Superintendent Of

2017-05-17Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD)No.5864 of 2017 Ragu @ Ragothaman : Petitioner Vs.

1.The Deputy Superintendent of Police, Musiri, Trichy District.

2.The State rep. By The Inspector of Police, Kattuputhur Police Station, Trichy District.

In Crime No.166 of 2017.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned First Additional District and Sessions Judge (PCR Court), Trichy to consider the bail application filed by the petitioner in Crime No.166 of 2017 on the file of the second respondent. For Petitioner : Mr.P.Parthiban For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side)

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned First Additional District and Sessions Judge (PCR Court), Trichy to consider the bail application filed by the petitioner in Crime No.166 of 2017 on the file of the second respondent.

2.The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(b) and 323 IPC r/w Section 3(1) (r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Criminal side) takes notice for the respondents.

4.Considering the submissions of both sides and also considering the nature of the prayer in this case, in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the petitioner is directed to surrender before the learned First Additional District and Sessions Judge (PCR Court), Trichy, in respect of Crime No.166 of 2017 on the file of the respondent police, within two weeks from the date of receipt of a copy of this order and on the petitioner's surrender and filing bail application in Crime No.166 of 2017, the learned First Additional District and Sessions Judge (PCR Court), Trichy, in turn, is directed to accept his surrender and consider his bail application on merits and in accordance with law on the same day. 5.With this observation, this petition is disposed of accordingly.

Sd/- Vacation Officer/ Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The First Additional District and Sessions Judge (PCR Court), Trichy.

2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Kattuputhur Police Station, Trichy District.

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

+One cc to Mr.P.Parthiban, Advocate, SR.No.56694 ps/gk RL/6C/2P/MMS/SAR3/19.5.2017 Order made in Crl.O.P.(MD)No.5864 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Dated: 17.05.2017