Madras High CourtCRL OP(MD)/6225/2017disposed of

Minor.Manoj,,S/O.Selvaraj, v. The Inspector Of Police,

2017-05-18Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.05.2017

CORAM:

THE HON'BLE Mr.JUSTICE M.V.MURALIDARAN Crl.O.P.(MD) No. 6225 of 2017 Minor Manoj, Represented by his father Selvaraj ... Petitioner/Accused No.8 Vs.

State rep. by The Inspector of Police, Pulivalam Police Station, Trichy District.

(Cr.No.101/2017) ... Respondent/Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to pass an order permitting the petitioner's son namely Manoj, S/o. Selvaraj, aged about 15 years to surrender before the Learned Juvenile Justice Board, Trichy in connection with Cr.No.101 of 2017 on the file of the respondent police and his bail application may be directed to be considered on the same day on merits and in accordance with law.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondent : Mrs.S.Prabha, Government Advocate (Crl.side)

O R D E R

This petition has been filed praying to pass an order permitting the petitioner's son namely Manoj, S/o. Selvaraj, aged about 15 years to surrender before the Learned Juvenile Justice Board, Trichy in connection with Cr.No.101 of 2017 on the file of the respondent police and his bail application may be directed to be considered on the same day in accordance with law. 2.The learned counsel for the petitioner also submits that the petitioner's son has been implicated in this case for the alleged offences under Sections 147, 294(b), 323, 354(B) IPC r/w Section 3 (1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va) of the SC / ST (Prevention of Atrocities) Amendment Act, 2015, and that in view of the specific bar under Section 18 of the said Act, the petitioner's son cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

3. The learned Government Advocate (Criminal side) takes notice for the respondents.

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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's son cannot move any anticipatory bail, the petitioner's son is directed to surrender before the learned Juvenile Justice Board, Trichy, in respect of Crime No.101 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 surrender and filing bail application in Crime No.101 of 2017, the learned Juvenile Justice Board, 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/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Juvenile Justice Board, Trichy 2.The Inspector of Police, Pulivalam Police Station, Trichy District.

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

+1 CC TO MR.M.JEGADEESHPANDYAN, ADVOCATE, SR NO.56917 ps/gk MAS/KP/SAR4:30.05.2017:2P-5C ORDER MADE IN Crl.O.P.(MD)No.6225 of 2017 18.05.2017 https://hcservices.ecourts.gov.in/hcservices/