1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.15365 of 2011 Iyer @ Alagarsamy ... Petitioner(Accused -2) Vs. State rep. by The Sub Inspector of Police, Viralimalai Police Station, In Cr.No.100 of 2010 Pudukottai District. ... Respondent(Complainant) PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Judge, P.C.R.Court, Pudukottai under the SC/ST Act to consider of the bail application on the surrender of the petitioner in connection with Crime No.100 of 2010, pending investigation on the file of the respondent on merits on the same day. For Petitioner : Mr.N.Ravishankar Vallatharasu For Respondent : Mrs.S.Prabha Govt. Advocate (Crl.Side) O R D E R Heard Mr.N.Ravishankar Vallatharasu, learned Counsel for the petitioner and Mrs.S.Prabha, learned Government Advocate (Crl.Side), appearing for the respondent/State. 2. According to the petitioner, he has surrendered before the learned Judicial Magistrate, Keeranur, seeking for bail, but the said surrender was not accepted. He further submits that the learned Judicial Magistrate, Keeranur, may be directed to accept the surrender of the petitioner in case he is not involved in SC & ST Act, offences. 3. The learned Government Advocate (Crl. Side) would submit in her argument that the petitioner's name was deleted from the SC & ST offence and therefore, this petition for seeking surrender before the learned Sessions Judge is not sustainable. 4. Considering the submission on both sides, I could see that the petitioner himself belongs to Scheduled Caste community and therefore, the provisions of SC & ST Act, cannot be applied to the petitioner and the remaining Section is only 323 IPC. Further, the learned Government Advocate (Crl. Side) fairly conceded that the petitioner is not an accused in the SC & ST Act. In such circumstances the only provisions stated against him under Section 323 IPC which is also a bailable offence. Therefore, the petitioner cannot be permitted to surrender before the learned Magistrate nor to direct to surrender before the https://hcservices.ecourts.gov.in/hcservices/ 2 learned Sessions Judge for seeking bail under SC & ST Act. Therefore, the petition seeking for surrender before the learned Sessions Judge and the learned Judicial Magistrate are not sustainable and hence this petition is dismissed. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar To 1.The Principal District and Sessions Judge, P.C.R.Court, Pudukottai. 2.The Sub Inspector of Police, Viralimalai Police Station, Pudukottai District. 3. The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. Gsr SR : 01.12.2011 : 2p/4c Crl.O.P.(MD).No.15365 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/