Madras High CourtCRL OP(MD)/10047/2016disposed of

Alagar @ Alagarsamy v. The Deputy Superintendent Of

2016-06-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.10047 of 2016 Alagar @ Alagarsamy ..Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Paramakudi Ramanathapuram District 2.The Inspector of Police, Town Police Station, Paramakudi Ramanathapuram District ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Learned Principal District and Sessions Judge cum PCR Court Ramanathapuram to consider the bail application of the petitioner/ Accused if any filed by him on his surrender on the same day in Crime No. 232 of 2016 on the file of the 2nd Respondent police.

For Petitioner : Mr.G.Vishnuram For respondents : Mr.K.V.Rajarajan Government Advocate (Criminal side)

ORDER

This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The petitioner is arrayed as an accused in Crime No.232/2016 in respect of the offences under Sections 294(b), 323, 506(i) IPC and r/w 3 (1)(r)(s) of SC/ST (POA) Act 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. 4.Learned Government Advocate (Crl. Side) takes notice for the respondent and submits, on instructions, that investigation is almost completed. He would further submit that the coaccused/A1 has been granted bail by this Court in Crl.O.P.(MD) No.9337 of 2016.

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5.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 learned Principal District and Sessions Judge cum PCR Court Ramanathapuram, is directed to accept the surrender of the petitioner and consider his bail application, in the event of the petitioner filing such petition in Crime No.232 /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 this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar(CS) To 1.The Principal District and Sessions Judge cum PCR Court Ramanathapuram.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Town Police Station, Paramakudi, Ramanathapuram District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1cc to Mr.G.Vishnuram, Advocate in SR.32643 Crl.O.P(MD)No.10047 of 2016 23.06.2016 rr.

PBK/AAL-MPA/SAR-II 30.06.2016 ::2P-6C:

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