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Madras High CourtCRL OP/10329/2016disposed of

Dr.S.Pandarinathan v. Inspector Of Police

2016-05-04Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.No.10329 of 2016 1.Dr.S.Pandarinathan 2.S.Manisekar ... Petitioners Vs.

Inspector of Police, Nagore Police Station, Nagore.

... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned I Additional District and Protection of Civil Rights Court Tanjore to accept the surrender of the petitioners and to consider and pass orders on the same day on the petitioners' bail application in connection with Crime No.150 of 2016 on the file of the respondent Inspector of Police, Nagore Police Station, Nagore.

For Petitioners : Mr.N.A.Nissar Ahmed For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the learned I Additional District and Protection of Civil Rights Court, Tanjore to consider the bail application of the petitioners on the same day on their surrender in Crime No.150 of 2016 pending on the file of the respondent.

2.The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 3(1)(x) of SC/ST POA Act, 1989 and under Sections 294(b), 506(1) of I.P.C. and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

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3.The learned Additional Public Prosecutor takes notice for the respondent.

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 petitioners cannot move any anticipatory bail, the learned I Additional District and Protection of Civil Rights Court, Tanjore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.150 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of.

Sd/- Vacation Officer, //True Copy// Sub Assistant Registrar pri To 1.The I Additional District and Protection of Civil Rights Court, Tanjore.

2.The Inspector of Police, Nagore Police Station, Nagore.

3.The Public Prosecutor, High Court, Madras.

2 ccs to M/s.N.A.Nissar Ahmed, Advocate, sr.28150 Crl.O.P.No.10329 of 2016 mp co kra 06.05.2016 https://hcservices.ecourts.gov.in/hcservices/