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Chinnappa @ Rengasamy vs The Deputy Superintendent Of ...

Madras High Court|24 March, 2017

JUDGMENT / ORDER

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned First Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and consider the bail application on merits on the same day of his surrender, in Crime No.14 of 2015 pending on the file of the respondent police.
2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 147,148,294(b),342,326 of the Indian Penal Code and Section 3(1) of PPDL Act r/w 3(1)(r)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Ordinance, 2014, and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.
3. The learned Government Advocate (Criminal side) takes notice for the respondents and submits that the investigation in Crime No.14 of 2015 has been completed and charge sheet has been filed and the same has also been taken on file as P.R.C.No.7 of 2017 by the learned District Munsif -cum- Judicial Magistrate, Orathanadu.
4. Considering the submissions of both sides and also considering the nature of the prayer in this case, in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the petitioner is directed to surrender before the learned First Additional District and Sessions Judge (PCR Court), Thanjavur, in respect of Crime No.14 of 2015 on the file of the respondent police, within two weeks from the date of receipt of a copy of this order and on the petitioner's surrender and filing bail application in Crime No.14 of 2015, the learned First Additional District and Sessions Judge (PCR Court), Thanjavur, in turn, is directed to accept his surrender, consider his bail application and dispose of the same on merits and in accordance with law on the same day.
5. With this observation, this petition is disposed of accordingly.
To
1.The First Additional District and Sessions Judge (PCR Court), Thanjavur.
2.The District Munsif -cum- Judicial Magistrate, Orathanadu.
3.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.
4.The Inspector of Police, Orathanadu Police Station, Thanjavur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..
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Title

Chinnappa @ Rengasamy vs The Deputy Superintendent Of ...

Court

Madras High Court

JudgmentDate
24 March, 2017