Madras High CourtCRL OP(MD)/23365/2016ordered

Kamu, 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.23365 of 2016 Kamu : Petitioner/A2 -vsThe State rep. by its The Inspector of Police, Vallam Police Station, Thanjavur District. : Respondent/Complainant Crime No.491/2016 Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge-cum-(PCR Court), Thanjavur, to accept the surrender of the petitioner and to consider her bail application on the same day in connection with Crime No.491 of 2016 on the file of the respondent police.

For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.A.P.Balasubramanian Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the I Additional District and Sessions Judge-cum-PCR Court, Thanjavur, to accept the surrender of the petitioner and to consider her bail application on the same day in connection with Crime No.491 of 2016 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 447, 294(b), 506(ii) IPC r/w Section 3(1) (r), 3(1)(s) of SC/ST (POA) Amendment Act, 2015, in Crime No.491 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 I Additional District and Sessions Judge-cum-PCR Court, Thanjavur, within fifteen days from today and if she filed any bail application in this crime number, learned I Additional District and Sessions Judge-cum-PCR Court, Thanjavur, 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 Registrarer To:

1 The I Additional District and Sessions Judge cum- PCR Court, Thanjavur 2.The Inspector of Police, Vallam Police Station, Thanjavur District.

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

+1cc to Mr.B.JAMEEL ARASU Advocate Sr.No. 81181 JAM/23.12.16/MPA/2P-5C Crl.O.P.(MD) No.23365 of 2016 15.12.2016