Madras High CourtCRL OP(MD)/930/2017disposed of

Karthi v. The Deputy Superintendent Of

2017-01-30Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.930 of 2017 Karthi : Petitioner -vs1.The Deputy Superintendent of Police, Thirupathur Sivagangai District.

2.The Inspector of Police, S.V. Mangalam Police Station, Sivagangai District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai, to accept the surrender of the petitioner and to consider the bail application on the same day in accordance with law of his surrender in connection with the Crime No.4 of 2017, on the file of the Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

For Petitioner : R.M.Mekash Kumaravel For Respondents: Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai, to consider the bail application of the petitioner on the same day of his surrender in connection with the case in Crime No.4 of 2017 pending on the file of the 2nd respondent police. 2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 143, 147, 294(b), 323, 324, 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, 3(1) of PPDL Act, 1984 r/w 3(1)(r) & (s) SC/ST (Prevention of Atrocities) Act 1989, in Crime No.4 of 2017 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the present petition for the said prayer.

3.Heard Mr.K.Anbarasan, learned Government Advocate (Crl.Side) who takes notice for the respondents. 4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- The petitioner is directed to surrender before the learned Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai, within fifteen days from today and if he filed any bail application in this crime number, learned Additional Sessions Judge (Special Court for PCR Act cases), Sivagangai, is directed to dispose of the application, after giving notice to the concerned Public Prosecutor, purely on merits and in accordance with law on the same day itself.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar er To:

1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Madagupatti Police Station, Sivagangai District.

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

+1CC to Mr.R.M.Makesh Kumaravel, Advocate SR.No.4702 GJM/CM/MSA/SAR-I-3.2.17-2p-5c Crl.O.P.(MD) No.930 of 2017 30.01.2017 https://hcservices.ecourts.gov.in/hcservices/