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Madras High CourtCRL OP(MD)/22650/2016disposed of

Krishnamoorthi v. The Inspector Of Police,

2016-11-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22650 of 2016 Krishnamoorthi .. Petitioner/1st Accused Vs.

The State rep. by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.337 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying a direction to accept the surrender of the petitioner before the Special Court for SC/ST(Prevention of Atrocities) Act, i.e., the I-Additional District and Sessions Judge at Thanjavur, in connection with the Crime No. 337 of 2016 on the file of the respondent police and to consider the bail application filed by the petitioner on the same day. For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IAdditional District and Sessions Judge, 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 respondent.

3. The petitioner is arrayed as the first accused in Crime No.337 of 2016 for the offences punishable under Sections 294(b), 324, 323 I.P.C., and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,2015 and 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.The learned Government Advocate (Crl. Side) would submit that the injured had already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

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.337 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(T&P) /True Copy/ Sub Assistant Registrar.

To

1. I-Additional District and Sessions Judge at Thanjavur 2.The Inspector of Police,Thiruneelakudi Police Station, Thanjavur District.

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

+1CC to M/S.K.M.Karunakaran, Advocate, SR.No. 74190 Crl.O.P.(MD) No.22650 of 2016 CM AM/GSV PM/SAR-3/08.12.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/