Madras High CourtCRL OP(MD)/856/2017disposed of

Gnanasekaran v. The Deputy Superintendent Of

2017-01-27Honourable Mr Justice P. Kalaiyarasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM

THE HON'BLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.(MD).No.856 of 2017 Gnanasekaran ... Petitioner/Sole Accused -Vs1.The Deputy Superintendent of Police, Andipatti Circle, Theni District.

2.The State rep. by Inspector of Police, Andipatti Police Station, Theni District.

In (Crime.No.721 of 2016) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order permitting the petitioner to surrender before the learned Principal District and Sessions Court (PCR) , Theni, in connection with Crime No.721 of 2016 on the file of the respondent police and file an application for the grant of bail on the same day and in the event of filing the same the said application may be directed to be considered on the same day on merits and in accordance with law forthwith. For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the learned Principal District and Sessions Court (PCR), Theni, to accept the surrender of the Petitioner and consider the bail application on the same day in Connection with the Crime No.721 of 2016, pending investigation on the file of the 2nd respondent police.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side) for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner is arrayed as sole accused in Crime No.721 of 2016, for the alleged offences punishable under Sections 323,

354, 365 and 506(ii) of IPC, and 3(1)(r), 3(1)(s), 3(1)(w)(ii) and 3 (2)(Va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015, that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come up with this petition. 4.Considering the nature of the offences and the request made by the petitioner, this Court issues the following direction:- "The petitioner is directed to surrender before the learned Principal District and Sessions Court (PCR), Theni, within ten days from the date of receipt of a copy of this order and to file bail application. The learned Principal District and Sessions Court (PCR), Theni, is directed to accept the surrender of the petitioner in Crime No.721 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 their surrender."

5.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Court (PCR), Theni.

2.The Deputy Superintendent of Police, Andipatti Circle, Theni District.

3.The Inspector of Police, Andipatti Police Station, Theni District.

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

+ 1 CC TO Mr.M.JEGADEESH PANDIAN, ADVOCATE IN SR No. 4613 PJL TE/MR-VB/SAR-II : 02/02/2017 : 2P/6C Crl.O.P.(MD) No. 856 of 2017 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/