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Judgment
Crl.O.P.(MD) No.4878 of 2017 has been filed to direct the learned 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 P.R.C.No.246/2016 pending on the
file of the learned District Munsif cum Judicial Magistrate, Orathanadu.
2.Crl.O.P.(MD) No.4879 of 2017 has been filed to direct the 1st respondent police to withdraw the Look Out Circular Notice NO. LOC
No.C1/20310/2015 dated 01.07.2015 as against the petitioner in connection with the Crime No.214 of 2000 on the file of the 3rd respondent
police and consequently direct the 1st respondent to communicate the order of lifting of travel restriction imposed in pursuant to above said Look
Out Circular to the Immigration Offices.
The Police registered a case in Crime No.214 of 2000 against 13 accused including petitioner herein, who was shown as A3. After completing
the investigation, the police filed a charge sheet in P.R.C.No.9 of 2002 against 13 accused and since the petitioner was in abscondance, the case
against the petitioner has been split up as P.R.C.No.35 of 2012. P.R.C. No.9/2002 was committed to the Court of Sessions in S.S.C.No.17 of
2011 and charges were framed for offences under Sections 148, 451, 323, 380(i) IPC and Sections 3(2)(iii), 3(1)(xi) and 3(1)(x) of SC/ST
(POA) Act, 1989 against 9 available accused and they were acquitted by the I Additional District and Sessions Judge, (PCR Court), Thanjavur on
01.03.2016. Under such circumstances, the petitioner, who has all along been abroad, is now willing to appear and surrender before the committal
Court and face trial. Under normal circumstances, an absconding accused cannot be shown any indulgence. However, in this case, the police have
not been able to secure the petitioner from 2002. That apart, the trial as against other accused had ended in acquittal, as could be seen from the
judgment dated 01.03.2016 in S.C.C.No.17 of 2011.
Heard the learned Government Advocate (Crl. side) for the respondents.
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 I Additional District & Sessions Judge (PCR Court), Thanjavur, in respect of Crime No.214 of 2000 on the file of the third respondent
police, within two weeks from the date of receipt of a copy of this order and on the petitioners'' surrender and filing bail application in Crime No.
214 of 2000 the learned I Additional District & Sessions Judge (PCR Court), Thanjavur, in turn, is directed to accept his surrender and consider
his bail application on merits and in accordance with law on the same day.
The petitioner shall surrender his passport on the day of his appearance before the Special Court for SC/ST cases and shall not leave the
country without the permission of the Special Judge for SC/ST Cases, Thanjavur. The respondent is directed to recall the Look Out Circular
immediately.
With the above directions, these petitions are disposed of.