Madras High CourtCRL OP(MD)/638/2017disposed of

Karthick v. The Deputy Superintendent Of

2017-01-23Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.638 of 2017 Karthick : Petitioner/Accused Rank Not Known -vs1.The Deputy Superintendent of Police, Devakottai Sivagangai District.

2.The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

Crime No.57/2016 : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge-cum-PCR Court, Sivagangai, to accept the surrender of the petitioners and consider this bail application on the same day in connection with Crime No.57 of 2016 on the file of the respondent police.

For Petitioner : Mr.S.M.Sanjay For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to the learned Sessions Judge-cum-P.C.R. Court, Sivagangai District, to consider the bail application of the petitioner, if any filed by him on his surrender on the same day in Crime No.57 of 2016 on the file of the 2nd respondent.

2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 147, 294(b), 323, 506(i) IPC r/w 3 (1)(r) (s) of SC/ST (POA) Act, in Crime No.57 of 2016 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention https://hcservices.ecourts.gov.in/hcservices/

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, the 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 Sessions Judge-cum-P.C.R. Court, Sivagangai District, within fifteen days from today and if they filed any bail application in this crime number, learned Sessions Judge-cum-P.C.R. Court, Sivagangai District 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 er To:

1 The Sessions Judge-cum-P.C.R. Court, Sivagangai District 2.The Deputy Superintendent of Police, Devakottai Sivagangai District.

3.The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

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

+1CC to Mr.S.M.Sanjay, Advocate Sr.No.3852 GJM/RR/BB/SAR-3-30.1.17-2p-6C Crl.O.P.(MD) No.638 of 2017 23.01.2017 https://hcservices.ecourts.gov.in/hcservices/