Madras High CourtCRL OP(MD)/11974/2016disposed of

D. Harish @ Harish Raviston v. The Inspector Of Police

2016-07-18Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.O.P.(MD)No.11974 of 2016 D.Harish @ Harish Raviston ... Petitioner -vsThe Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.97 of 2016) ... Respondent PRAYER: Criminal Original Petition is filed, under Section 482 Cr.P.C., praying to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.97 of 2016 dated 21.06.2016 pending investigation on the file of the respondent. For Petitioner : Mr.P.Balamurugan For Respondent : Mr.P.Kandasamy Govt.Advocate (Crl.side)

O R D E R

The petitioner, who is sole accused in Crime No.97 of 2016 under Sections 452, 294(b), 324, 506(i) of I.P.C., r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3 (1)(r), 3(1)(s), 3(2) (Va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, registered by the Eruvadi Police Station, Tirunelveli District, seeks a direction to the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, to consider his bail petition on the date of his surrender.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent.

3. The petitioner is accused of having committed offences under SC/ST (POA) Act. As per Section 18 of the Act, advance bail petition under Section 438 Cr.P.C. will not lie.

4. In the circumstances, the learned counsel for the petitioner submits that there is no prima-facie case against the petitioner and seeks a direction to the learned Special Judge to dispose of his bail petition on the date of his surrender. https://hcservices.ecourts.gov.in/hcservices/

5. In the facts and circumstances, ordered as under:

(1) The petitioner shall surrender before the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli within 10 days from the date of receipt of a copy of this order.

(2) On the date of his surrender the said Judge shall dispose of his bail petition according to law.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To:

1.The II Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.P.Balamurugan, Advocate in SR.No.38013 akv CSL/ARK-PV/26.07.2016 : 2p/5c Crl.O.P.(MD) No.11974 of 2016 18.07.2016 https://hcservices.ecourts.gov.in/hcservices/