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Madras High CourtCRL OP(MD)/6065/2017ordered

Japargan v. The Deputy Superintendet 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.6065 of 2017 Japargan : Petitioner/2nd Accused Vs.

1. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District. :1st Respondent/Respondent

2. The Inspector of Police, R.S. Mangalam Police Station, Ramanathapuram District.

(Crime No.52 of 2017).

:2nd Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned District and Sessions Judge (PCR), Ramanathapuram, to consider the petitioner's anticipatory bail application on the very same day in respect of case registered in Crime No.52 of 2017 on the file of the respondent Police.

For Petitioner : Mr.P.M.Vishnuvarthanan 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 District and Sessions Judge (PCR), Ramanathapuram, to consider the petitioner's anticipatory bail application on the very same day in respect of case registered in Crime No.52 of 2017 on the file of the respondent Police. 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), 323 r/w Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities) Amendment Ordinance Act, 2014, and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application https://hcservices.ecourts.gov.in/hcservices/

and therefore, the petitioner has come forward with the said prayer.

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 District and Sessions Judge (PCR), Ramanathapuram, in respect of Crime No.52 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.52 of 2017, the learned District and Sessions Judge (PCR), Ramanathapuram, 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 /True Copy/ Sub Assistant Registrar To

1. The District and Sessions Judge (PCR), Ramanathapuram.

2. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

3. The Inspector of Police, R.S. Mangalam Police Station, Ramanathapuram District.

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

+ 1 CC TO Mr.P.M.VISHNUVARTHANAN, ADVOCATE IN SR No. 56843 PS/GK TE/MMS/SAR-III : 19/05/2017 : 2P/6C Order made in Crl.O.P.(MD)No.6065 of 2017 Dated: 17.05.2017 https://hcservices.ecourts.gov.in/hcservices/