Madras High CourtCRL OP(MD)/23863/2016disposed of

Thamim Ansari v. The Deputy Superintendent Of

2016-12-23Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.23863 of 2016 Thamim Ansar ... Petitioner/Sole Accused -vsThe State rep. by the The Deputy Superintendant of Police, Uthamapalayam, Theni District.

(Crime No.775 of 2016) ...

Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Principal District and Sessions Judge, Theni, to consider the surrender and bail application filed by the petitioner in Crime No.775 of 2016 pending on the file of the respondent police on the same day. For Petitioner : Mr.R.Gandhi 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 Principal District and Sessions Judge, Theni, consider the bail application of the petitioner/Sole Accused on the same day of his surrender, in connection with the case in Crime No.775 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 294(b), 324, 3412, 506(ii) IPC and Section 3(1)(r)(s) and 3(2)(va) of SC & ST (P.A) Amendment Act 2015, in Crime No.775 of 2016 and that in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act, the petitioner cannot move any anticipatory bail application and https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioner has come forward with the present petition for the said prayer.

3.Heard Mr.A.P.Balasubramani, 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 Principal District and Sessions Judge, Theni, within fifteen days from today and if he filed any bail application in this crime number, learned Principal District and Sessions Judge, Theni, 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 Principal District and Sessions Judge, Theni.

2. The Deputy Superintendant of Police, Uthamapalayam, Theni District.

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

+ 1 CC TO Mr.R.GANDHI, ADVOCATE IN SR No. 83334 ER TE/CK/SAR-II : 29/12/2016 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.23863 of 2016 23.12.2016