Madras High CourtCRL OP(MD)/604/2017disposed of

Venkatesh v. The Deputy Superintendent Of

2017-01-24Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.604 of 2017 Venkatesh : Petitioner -vs1.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District. : Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure,praying to direct the II Additional and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli, to consider the bail application filed by the petitioner on the same day, if the petitioner surrender before the learned II Additional and Sessions Judge, (Special Court for PCR Act cases), Tirunelveli, in Case Crime No.157 of 2014, dated 19.06.2014 on the file of the 2nd respondent police. For Petitioner : Mr.R.Vonoth Bharathi For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the II Additional and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli, to consider the bail application filed by the petitioner on the same day, if the petitioner surrender before the learned II Additional and Sessions Judge, (Special Court for PCR Act cases), Tirunelveli, in Case Crime No.157 of 2014, dated 19.06.2014 on the file of the 2nd respondent police. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged

offences under Sections 147, 148, 294(b), 323, 324, 307, 506(ii) IPC and Section 3(1)(r)(s), 3(2)(v)(va) POA Act 1989 & Amendment Act 2014, in Crime No.157 of 2014 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the present petition for the said prayer.

3.Heard Mr.A.P.Balasubramani, learned Government Advocate (Crl.Side) who takes notice for the respondents. 4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- The petitioner is directed to surrender before the learned the II Additional and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli, within fifteen days from today and if he filed any bail application in this crime number, learned the II Additional and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

+1 cc to MR.R.VINOTH BHARATHI, Advocate SR.No.3802 Crl.O.P.(MD) No.604 of 2017 24.01.2017 SMA/MR-NB/SAR-2/30.01.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/