Madras High CourtCRL OP(MD)/21133/2016disposed of

Saravanan v. The Sub Inspector Of Police,

2016-11-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21133 of 2016 Saravanan .. Petitioner/Accused No.2 Vs.

The State rep. by 1.The Sub-Inspector of Police, Malaiyur Police Station, Pudukkottai District.

(Crime No.146 of 2016) 2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

.. Respondents/complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge, Pudukottai, Pudukottai District, under SC/ST (POA) Amendment Act, 2015, to accept the surrender of the petitioner and consider the bail application on merits on the same day in connection with Crime No.146 of 2016 on the file of the 1st respondent police.

For Petitioner : Mr.S.Muthalraj For Respondents : 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,(under SC/ST (POA) Amendment Act, 2015) Pudukottai, Pudukottai 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 respondents.

3. The petitioner is arrayed as accused No.2 in Crime No.146 of 2016 for the offences punishable under Sections 294(b) and 506(ii) of I.P.C., read with Section 3(1)(r), 3(1)(s), 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015, and that in view of the specific bar contained in Section 18 of the said Act, the https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot move any anticipatory bail application and therefore, the petitioner has come up with this petition. 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.146 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-I) /True copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge, Pudukottai, Pudukottai District.

2.The Sub-Inspector of Police, Malaiyur Police Station, Pudukkottai District.

3.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

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

+1 CC to Mr.NA.PALANIYANDI, Advocate, SR No.66185 Crl.O.P.(MD) No.21133 of 2016 07.11.2016 PJL SH/SS3:16.11.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/