Madras High CourtCRL OP(MD)/12126/2016disposed of

G.Suresh, v. The Inspector Of Police,

2016-07-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.12126 of 2016 G.Suresh .. Petitioner Vs.

State rep. by The Inspector of Police, Kabisthalam Police Station, Thanjavur District Crime No.231/2016 .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Sessions Judge Cum P.C.R.Court, Thanjavur to accept the surrender of the petitioner and consider this bail application on the same day in connection with Crime No.231 of 2016 on the file of the respondent police. For Petitioner : Mr.V.Maharajan For respondent : Mr.A.P.Balasubramani 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 respondent. 3.The petitioner is arrayed as accused in Crime No.231/2016 in respect of the offences under Sections 294(b), 323, 324, IPC r/w 3 (1), 3 (1)(r), 3(1) (s), 3(2)(va) Act of SC/ST (POA) Act dated 10.07.2016 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 injured has been discharged from the hospital and investigation is almost completed.

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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 Sessions Judge Cum P.C.R.Court Thanjavur, 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.231/2016 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.

To 1.The Sessions Judge Cum P.C.R.Court Thanjavur 2.The Inspector of Police, Kabisthalam Police Station, Thanjavur District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court,Madurai.

+1CC to M/S. V.Maharajan, Advocate, SR.No. 38872 Crl.O.P(MD)No.12126 of 2016 22.07.2016 RR AM/NGM.MP/SAR-I/28.07.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/