Madras High CourtCRL OP(MD)/700/2017disposed of

S.Praveenkumar 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.700 of 2017 S.Praveenkumar : Petitioner/A7 -vs1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Palaiyanur Police Station, Sivagangai District. :Respondents/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal Sessions Judge-cum-Special Judge for P.C.R. Cases, Sivagangai District, to consider the bail application of the petitioner/A7 if any filed by him on his surrender on the same day in Crime No.2 of 2017 on the file of the 2nd respondent.

For Petitioner : Mr.R.Srinivasan For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to the learned Principal Sessions Judge-cum-Special Judge for P.C.R. Cases, Sivagangai District, to consider the bail application of the petitioner/A7 if any filed by him on his surrender on the same day in Crime No.2 of 2017 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 Sections147, 148, 341, 294(b) and 352 IPC and Sections 3(1)(r) & 3(1)(s) of SC/ST (POA) Amendment Act 2015, in Crime No.2 of 2017 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, the learned Government Advocate (Crl.Side), who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 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 Principal Sessions Judge-cum-Special Judge for P.C.R. Cases, Sivagangai District, within fifteen days from today and if they filed any bail application in this crime number, learned Principal Sessions Judge-cum-Special Judge for P.C.R. Cases, 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(RTI) /True Copy/ Sub Assistant Registrar(CS) To 1.The Principal Sessions Judge-cum Special Judge for PCR Cases, Sivagangai Districgt.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

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

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

+1cc to M/s.R.Srinivasan, Advocate in SR.3810 Crl.O.P.(MD) No.700 of 2017 23.01.2017 er.

PBK/SS-3/SAR-III 24/01/2017 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/