Madras High CourtCRL OP(MD)/23061/2016ordered

Thangaraj v. The Inspector Of Police

2016-12-15Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.23061 of 2016 Thangaraj : Petitioner/A7 -vsThe Inspector of Police, Suthamalli Police Station, Cheranmahadevi Taluk, Tirunelveli District. : Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the II Additional District and Sessions Judge-cum-PCR Court, Tirunelveli, to consider the petitioner's bail application on the date of surrender before the court in respect of Crime No.286 of 2016 on the file of the respondent police.

For Petitioner : Mr.V.Angusamy For Respondent : Mr.A.P.Balasubramanian Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned II Additional District and Sessions Court-cum-PCR Court, Tirunelveli, to accept the surrender of the petitioner/Accused No.7 and consider the petitioner's bail on the same day of his surrender in connection with the case in Crime No.286 of 2016 pending on the file of the respondent police. 2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 341, 294(b), 506(ii) IPC @ 147, 341, 294 (b), 506(ii) IPC r/w Section 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (POA) Act 2015, in Crime No.286 of 2016 and that in view of the specific bar under Section 18 of the SC & S.T. (Prevention of 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.A.P.Balasubramanian, the learned Government Advocate (Crl.Side), who takes notice for the respondent. 4.Considering the submissions of both sides, this criminal original petition is disposed of with the following direction:- https://hcservices.ecourts.gov.in/hcservices/ The petitioner is directed to surrender before the learned II Additional District and Sessions Judge-cum-PCR

Court, Tirunelveli, within fifteen days from today and if he filed any bail application in this crime number, learned II Additional District and Sessions Judge-cum-PCR Court, Tirunelveli, 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 To:

1.The II Additional District and Sessions Judge/ PCR Court, Tirunelveli.

2.The Inspector of Police, Suthamalli Police Station, Cheranmahadevi Taluk, Tirunelveli District.

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

+One cc to Mr.V.ANGUSAMY, Advocate, SR.No.81694 er RL/5C/2P/CK/SAR1/22.12.2016 Crl.O.P.(MD) No.23061 of 2016 15.12.2016 https://hcservices.ecourts.gov.in/hcservices/