Madras High CourtCRL OP(MD)/754/2017disposed of

Balasubramanian @ Suresh, v. The Deputy Superintendent Of

2017-01-24Honourable Mr Justice G. Chockalingam2 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.754 of 2017 1.Balasubramanian @ Suresh 2.V.Kausik Manivannan @ Manikandan : Petitioners/A1 to A2 -vs1.The Deputy Superintendent of Police, Ottanchatiram Division, Dindigul District.

2.The Inspector of Police, Kannivadi Police Station, Dindigul District. : Respondents/Complainants (Crime No. 13/2017) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the District & Sessions Judge (Special Court for PCR cases) Court, Dindigul, to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime NO.13 of 2017 on the file of the respondent police.

For Petitioners : Mr.G.Arjunan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the District & Sessions Judge (Special Court for PCR cases) Court, Dindigul, to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime NO.13 of 2017 on the file of the respondent police. 2.The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated for the alleged offences under Sections 294(b), 323 and 506(i) IPC r/w Section 3 (1)(x) of SC/ST (Prevention of Atrocities) Act 1989, in Crime No.13 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.

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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 & Sessions Judge (Special Court for PCR cases) Court, Dindigul, within fifteen days from today and if they filed any bail application in this crime number, learned District & Sessions Judge (Special Court for PCR cases) 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) /True Copy/ Sub Assistant Registrar.

To:

1.The Deputy Superintendent of Police, Ottanchatiram Division, Dindigul District.

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

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

+1CC to M/S.A.Arputharaj,Advocate, SR.No. 3720 Crl.O.P.(MD) No.754 of 2017 24.01.2017 er AM/MSM JM/SAR-1/30.01.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/