Madras High CourtCRL OP(MD)/15099/2016disposed of

M.Sarbudeen v. The Inspector Of Police

2016-08-19Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.15099 of 2016 M.Sarbudeen .. Petitioner Vs.

The Inspector of Police, Palanichettypatti Police Station, Theni District Crime No.468/2016 .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Learned Principal District sessions Judge PCR Act Cases Theni Theni district to consider and dispose the bail application to be filed by the petitioner on the same day of its filing and his surrender in connection with the case in Cr. No. 468 of 2016 on the file of the Inspector of police Palanichettypatti police station Theni District.

For Petitioner : Mr.R.Anand 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.468/2016 in respect of the offences under Sections 342, 147, 148, 324, 506(ii) IPC and r/w 3 (1)(r), 3(1)(s) and 32)(va) of SC/ST (POA) Amendment Ordinance 2014, 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.

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 Principal District sessions Judge PCR Act Cases, Theni Theni, 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.468/2016 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 ASST REGISTRAR ( RECORDS ) TRUE COPY SUB ASST REGISTRAR - CS III RR To 1.The Principal District sessions Judge PCR Act Cases Theni Theni District 2.The Inspector of Police, Palanichettypatti Police Station, Theni District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. 1CC TO MR. R ANAND, ADVOCATE SR: 46027 AM KBM SAR III 24 8 2016 2P 5C Crl.O.P(MD)No.15099 of 2016 19.08.2016 https://hcservices.ecourts.gov.in/hcservices/