Madras High CourtCRL OP(MD)/20098/2016disposed of

Ulaganathan @ Gokul Kannan v. The Inspector Of Police,

2016-10-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20098 of 2016 Ulaganathan @ Gokula Kannan .. Petitioner/A3 Vs.

The State rep. by The Inspector of Police, Thandigudi Police Station, Thangudi, Dindigul District.

(Crime No.145 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989, Dindigul District to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.145 of 2016 dated31.08.2016 on the file of the respondent.

For Petitioner : Mr.K.Kulanthai Vikram For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989, Dindigul District, to consider the bail application of the petitioner on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The petitioner is arrayed as accused No.3 in Crime No.145 of 2016 for the offences punishable under Sections 294(b) and 323 of I.P.C., altered into Sections 294(b), 323 of IPC and Section 3 (i)(r)(s) of Scheduled Castes and Scheduled Tribes (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 up with this petition.

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4.The learned Government Advocate (Crl. Side) would submit that the injured had already been discharged from the hospital. 5.Considering the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.145 of 2016 and consider the petitioner's bail application and dispose of the same on merits and in accordance with law, on the same day of his surrender.

6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act cases), Dindigul District.

2.The Inspector of Police, Thandigudi Police Station, Thangudi, Dindigul District.

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

+1cc to Mr.K.Kulanthaivikram, Advocate SR.No. 62029 PJL RL-KP-SAR-3/1.11.2016/2P:5C Crl.O.P.(MD) No.20098 of 2016 20.10.2016 https://hcservices.ecourts.gov.in/hcservices/