Madras High CourtCRL OP(MD)/23543/2016disposed of

C.Ragunath v. The Deputy Superintendent Of

2016-12-20Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.23543 of 2016 C.Ragunath : Petitioner/Sole Accused -vs1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

2.The Inspector of Police, Abiramam Police Station, Kamuthi Taluk, Ramanathapuram District. : Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), Act 1989, Ramanathapuram, to accept the surrender of the petitioner/Sole Accused and consider the petitioner bail application and grant bail on the date of surrender itself, in Crime No.204 of 2016, dated 09.12.2016 on the file of the respondent No.2 police. For Petitioners : Mr.J.Pandi Dorai For Respondents : Mr.A.P.Balasubramanian Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed, seeking to direct the learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram, to accept the surrender of the petitioner/Sole Accused and consider the petitioner's bail on the same day of their surrender in connection with the case in Crime No.204 of 2016 pending on the file of the 2nd respondent police. 2.The learned counsel for the petitioner has submitted that the petitioners has been falsely implicated for the alleged offences under Sections 294(b) IPC and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/

Amendment Act 2015 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 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 District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram, within fifteen days from today and if he filed any bail application in this crime number, learned District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram, 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 District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ramanathapuram.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

3.The Inspector of Police, Abiramam Police Station, Kamuthi Taluk, Ramanathapuram District.

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

+1 cc to M/s.J.Pandi Dorai, Advocate in SR.No. 82193 er CSL/MPA/EM/SAR-I/02.01.2017 : 2P/6C Crl.O.P.(MD) No.23543 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 20.12.2016