Madras High CourtCRL OP(MD)/724/2017disposed of

Arun Kumar v. The Deputy Superintendent

2017-01-24Honourable Mr Justice G. Chockalingam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.724 of 2017 1.Arunkumar 2.Kannan : Petitioners/(*)Accused Nos 2 & 4 -vs1.The Deputy Superintendent of Police, Dindigul (Rural), Dindigul District.

2.The State rep. by its The Inspector of Police, Natham Police Station, Dindigul District. : Respondents/Complainants (CRIME NO. 11 of 2017) (*)Ammended as per order date 09.03.2017 made in Crl MP (MD) 1979/2017 Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned District and Sessions Judge-cum-(PCR Court), Dindigul, to accept the surrender of the petitioners and to consider their bail application on the same day in connection with Crime No.11 of 2017 on the file of the 2nd respondent police.

For Petitioners : Mr.B.Jameel Arasu For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned District and Sessions Judge-cum-(PCR Court), Dindigul, to accept the surrender of the petitioners and to consider their bail application on the same day in connection with Crime No.11 of 2017 on the file of the 2nd respondent police.

2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 147, 148, 341, 294(b), 324 and 506(ii) and 307 IPC r/w Section 3(1)(r)(s) of SC/ST (POA) Act, in Crime No.11 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of Atrocities) Act, the petitioners cannot move any anticipatory bail application and therefore, the

petitioners have come forward with the present petition for the said prayer.

3.Heard Mr.K.Anbarasan, 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 petitioners are directed to surrender before the learned District and Sessions Judge-cum-(PCR Court), Dindigul, within fifteen days from today and if they filed any bail application in this crime number, learned District and Sessions Judge-cum-(PCR Court), Dindigul, 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(CS-II) This petition having been posted on this day amended in parusance to the order of this court dated 09.03.2017 and made herein in the presence of the above said Advocate, this Court made the followeing Order:

''Ammendment as prayed for is allowed Registry is directed to issue amended copy of the order, on payment of changes to the petitioners.

Two (2) weeks time is extended from the date of receipt of the amended copy of the order, to comply with the condition imposed by this court in Crl.OP(MD) 724 of 2017. sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To:

(*)To be substituted to the order already despetched on 09.01.2017 1.The Deputy Superintendent of Police, Dindigul (Rural), Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

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

+2CC to M/S.B.Jameel Arasu, Advocate, SR.No. 4011,13666 Crl.O.P.(MD) No.724 of 2017 24.01.2017 er AM/MSM JM/SAR-1/30.01.2017/2P/5C MS/SV.MMS/SAR3/10.03.2017/3P.5C