Madras High CourtCRL OP(MD)/12191/2016disposed of

Rapa @ Rapaithen v. The State

2016-07-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.12191 of 2016 Rapa @ Rapaithen .. Petitioner/Accused No.2 Vs.

The State rep. by The Inspector of Police, Thiruppulani Police Station, Ramanathapuram District .. Respondent/Complainant.

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to permit the petitioner to surrender before the Learned Principal Sessions Judge Ramnad (PCR Court) in connection with Crime No.159 of 2016 on the file of the respondent police and file an application for the gran of bail on the same day and in the event of filing the same the said application may be directed to be considered on the same day on merits and in accordance with law forthwith. For Petitioner : Mr.A.Uthayakumar For respondents : 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 respondents. 3.The petitioner is arrayed as accused No.2 in Crime No.159/2016 in respect of the offences under Sections 294(b), 323, 324, 506(ii) IPC and 4 of Women Harassment Act r/w 3 (1)(x) of SC/ST 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 the injured has been discharged from the hospital and A1 in this case has already been arrested and the investigation is almost completed. 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 petitioners cannot move any anticipatory bail, the Principal Sessions https://hcservices.ecourts.gov.in/hcservices/

Judge, Ramnad (PCR Court) 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.159/2016 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(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The Principal Sessions Judge Ramanathapuram. (PCR Court) 2.The Inspector of Police, Thiruppulani Police Station, Ramnathapuram District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1CC to M/S.A.Uthaya Kumar, Advocate, SR.No. 37872 Crl.O.P(MD)No.12191 of 2016 20.07.2016 RR AM/SK.SKN/SAR-I/26.07.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/