Madras High CourtCRL OP(MD)/868/2017disposed of

Dennis, v. The Inspector Of Police,

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.868 of 2017 Dennis ... Petitioner -VsThe State Represented by its The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

(Crime No:188/2017) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Tirunelveli, to consider the bail application on the surrender of the Petitioner/ Accused on the same day in connection with Crime No.188 of 2016 on the file of the respondent police on merits on the same day. For Petitioner : Mr. J.Jeyakumaran For Respondent : 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 Judge, Tirunelveli, to accept the surrender of the Petitioner and consider the bail application on the same day in Connection with the Crime No.188 of 2016, pending investigation on the file of the respondent police.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side) for the respondent. 3.The petitioner is arrayed as accused No.1, in Crime No.188 of 2016, for the alleged offences punishable under Sections 294(b), 324 and 506(2) of IPC., and read with Sections 3(1)(r) , 3 (1)(s), 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.

https://hcservices.ecourts.gov.in/hcservices/ 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 Judge, Tirunelveli, 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 Judge, Tirunelveli, is directed to accept the surrender of the petitioner in Crime No.188 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 /TRUE COPY/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge, Tirunelveli.

2.The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

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

+1 cc to MR.J.JeyaKumaran, ADVOCATE, SR NO:4553 pjl sva/bs/13.02.2017/2p/5c Crl.O.P.(MD) No. 868 of 2017 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/