Madras High CourtCRL OP(MD)/23347/2016ordered

Ajith, v. The Inspector Of Police,

2016-12-15Honourable Mr Justice G. Chockalingam3 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.23347 of 2016 Ajith : Petitioner/A1 -vsThe State rep. by The Inspector of Police, Oomatchikulam Police Station, Oomatchikulam, Madurai District. : Respondent/Complainant Crime No.238/2016 Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai District, to accept the surrender of the petitioner and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.238 of 2016, dated 09.12.2016 on the file of the respondent. For Petitioner : Mr.K.Renganathan 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 Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai District, to accept the surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender itself, in Crime No.238 of 2016, dated 09.12.2016 on the file of the respondent.

2.The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated for the alleged offences under Sections 147, 148, 294(b), 506(ii) IPC and Section 3(2)(va) of SC/ST (POA) Amendment Act, 2015, in Crime No.238 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:- The petitioner is directed to surrender before the learned Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Madurai District, within fifteen days from today and if he filed any bail application in this crime number, learned Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai District, 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 Inspector of Police, Oomatchikulam Police Station, Oomatchikulam, Madurai District.

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

+1cc to Mr.K.Renganathan Advocate Sr.No. 80758 JAM/23.12.16/GSV-PM/SAR 3/2p-4c Crl.O.P.(MD) No.23347 of 2016 15.12.2016