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Madras High CourtCRL OP(MD)/1944/2017disposed of

Prema v. The Deputy Superintendent Of

2017-03-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.1944 of 2017 Prema ... Petitioner/A2 -vs1. The Deputy Superintedent of Police, Valliyoor Division, Tirunelveli District

2. State rep. by The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

(Crime No.11/2016) .. Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the II Additional District and Sessions Judge (PCR Court), Tirunelveli to consider the bail application on the same day which would be filed by the petitioner in Crime No. 11 of 2016 on the file of the 2nd respondent.

For Petitioners : Mr.L.George Paul Anto For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed, seeking to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli to consider the bail application on the same day which would be filed by the petitioner in Crime No. 11 of 2016 on the file of the 2nd respondent.

2. Learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 417, 376,355,506(i) IPC r/w 3(1)(w)(i), 3(1)(r), 3(1) (s), 3(2)(va) of SC/ST Act in Crime No.11 of 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.

3. Learned Government Advocate (Crl.Side) takes notice for the respondents and submits that A1 has been arrested in this case and this petitioner is the mother of A1. The allegation is that A1 https://hcservices.ecourts.gov.in/hcservices/

had promised to marry the de-facto complainant and thereafter he has gone back upon his words.

4. 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 learned II Additional District and Sessions Judge (PCR Court), Tirunelveli is directed to accept the surrender of the petitioner and consider her bail application, in the event of the petitioner filing such petition in Crime No.11 of 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 II Additional District and Sessions Judge (PCR Court), Tirunelveli.

2. The Deputy Superintedent of Police, Valliyoor Division, Tirunelveli District

3. The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

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

+1 CC to M/s.L.GEORGE PAUL ANTO, Advocate, SR No. 12671 RR PSM/SV/SAR4/12.04.2017/2P/6C Crl.O.P.(MD) No.1944 of 2017 06.03.2017 https://hcservices.ecourts.gov.in/hcservices/