Madras High CourtCRL OP(MD)/3742/2016disposed of

Appu Alias Kamalraj v. The Deputy Superintendent Of

2016-03-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3742 of 2016 Appu @ Kamalraj ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

2.State, Rep. By the Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No.59 of 2016) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned I Additional District & Sessions Judge (PCR Court), Thanjavur to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.59 of 2016 dated 14.02.2016 on the file of the second respondent police. For Petitioner : Mr.S.Rajaprabu For Respondent : Mr.K.V.Rajarajan Government Advocate (Crl.Side)

ORDER

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned I Additional District & Sessions Judge (PCR Court), Thanjavur to consider the bail application of the petitioner on the same day on his surrender in Crime No.59/2016 pending on the file of the respondent.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 324, 307 I.P.C., r/w 3(1)(r)(s), 3(2)(v-a) of of S.C. & S.T. (Prevention of Atrocities) Act and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot https://hcservices.ecourts.gov.in/hcservices/ move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

3. The learned Government Advocate (Crl. Side) takes notice for the respondent.

4. Taking into consideration the nature of the allegation, this Court is not inclined to give the direction as prayed for by the petitioner and the petitioner's surrender cannot be considered on the same day. Accordingly, this petition is dismissed. Sd/ Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The I Additional District & Sessions Judge (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.OP(MD)No.3742 of 2016 02.03.2016 RR PA/GSV-PM/AR I/18.03.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/