Madras High CourtCRL OP(MD)/14773/2016disposed of

Jeyalakshmi @ Jeya v. The Sub Inspector Of Police

2016-08-16Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.14773 of 2016 Jeyalakshmi @ Jeya .. Petitioner Vs.

State represented by The Sub Inspector of Police, Nagamalaipudukottai Police Station, Madurai District (Crime No.243/2016) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned III Additional District and Sessions Judge (PCR) Madurai to consider the bail application to be filed by the petitioner on the same day in Crime No. 243 of 2016 on the file of the respondent.

For Petitioner : Mr.C.Prabhakaran 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 accused in Crime No.243/2016 in respect of the offences under Sections 294(b), 506(i) IPC and r/w 3 (1)(r) 3(1)(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 the occurrence was only on account of the wordy quarrel and there is no impediment for grant of bail and the investigation is almost completed. https://hcservices.ecourts.gov.in/hcservices/

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 III Additional District and Sessions Judge (PCR) Madurai 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.243/2016 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 (AS) /True copy/ Sub Assistant Registrar To 1.The III Additional District and Sessions Judge (PCR) Madurai 2.The Sub Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.14773 of 2016 16.08.2016 RR SH/SS-2:30.08.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/