Madras High CourtCRL OP(MD)/1538/2016allowed

Kannan v. The Superintendent Of Police

2016-02-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.1538 of 2016 Kannan ... Petitioner vs.

1.The Superintendent of Police Madurai District, Madurai 2.The Inspector of Police Alanganallur Police Station Madurai District 3.The Sub-Inspector of Police Alanganallur Police Station Madurai ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional District Sessions Judge (PCR), Madurai, to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.17 of 2016, pending investigation on the file of the respondent.

For Petitioner : Mr.K.Baskaran For Respondents : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioner has submitted that the petitioner has come forward with this petition seeking for a direction to the learned III Additional District Sessions Judge (PCR), Madurai, to consider the bail application of the petitioner on the same day on his surrender in Crime No.17 of 2016, pending on the file of the respondent Police.

2. The learned counsel for the petitioner has also submitted that the petitioner has been implicated in this case for the alleged offences under Sections 147, 109, 447, 427 I.P.C., r/w Section 3(1)(x) of S.C. & S.T. Act, 1989, 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.

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3. The learned Government Advocate (Criminal Side) takes notice for the respondents.

4. Mr.V.Balaji, learned counsel for the intervenor has strongly objected to allow this criminal original petition.

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 learned III Additional District Sessions Judge (PCR), Madurai, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.17 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.

6. With the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar /True copy/ Sub AssistantRegistrar To 1.The III Additional District Sessions Judge (PCR), Madurai.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Inspector of Police, Alanganallur Police Station, Madurai District.

4.The Sub-Inspector of Police, Alanganallur Police Station, Madurai.

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

sm:sks-rr:15.02.2016:2P/6c Crl.O.P(MD).No.1538 of 2016 08.02.2016 https://hcservices.ecourts.gov.in/hcservices/