Madras High CourtCRL OP(MD)/21251/2016disposed of

Manthiramoorthy v. The Deputy Superintendent Of

2016-11-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21251 of 2016 Manthiramoorthy .. Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Muthupettai, Tiruvarur District.

2.State, rep. by the Inspector of Police, Muthupettai Police Station, Tiruvarur District.

(Crime No.346 of 2016) ..Respondents/complainants Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying a direction to the learned I-Additional District & Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.346 of 2016 dated 30.08.2016 on the file of the respondent police.

For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IAdditional District & Sessions Judge (PCR Court), Thanjavur, 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 sole accused in Crime No.346 of 2016 for the offences punishable under Sections 294(b), 307, 506(ii) of IPC., and Section 3(1)(s), 3(1)(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, and that in view of the specific bar contained in 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 no one sustained injury.

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.346 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 (CO) /True copy/ Sub Assistant Registrar To 1.I-Additional District & Sessions Judge (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Muthupettai, Tiruvarur District.

3.The Inspector of Police, Muthupettai Police Station, Tiruvarur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.DEENADHAYALAN, Advocate, SR No.68014 Crl.O.P.(MD) No.21251 of 2016 09.11.2016 PJL SH/SS-3/AR-CS-II:21.11.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/