Madras High CourtCRL OP(MD)/15548/2016disposed of

Shanthi v. The Inspector Of Police

2016-08-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016

CORAM:

THE HONOURABLE Dr.JUSTICE S.VIMALA Crl.O.P.(MD).No.15548 of 2016 Shanthi ..Petitioner Vs.

State represented through The Inspector of Police, Perunkudi Police Station, Madurai District Crime No.270/2016 ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District & Sessions Judge (PCR Unit), Madurai to consider the bail application of the petitioner on the same day of her surrender in Crime No.270/2016 on the file of the respondent police.

For Petitioners : Mr.S.Muniyandi For respondent : 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 respondent. 3.The petitioner is arrayed as accused No.2 in Crime No.270/2016 in respect of the offences under Sections 294(b), 324 and 506(ii) IPC r/w Section 3 (2)(va) 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 injured has been discharged from the hospital 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 petitioner cannot move any anticipatory bail, the Special Judge for SC/ST Prevention of Atoricities Act/3rd Additional District & Sessions Judge, (PCR Unit), Madurai, is directed to accept the surrender of the petitioner and consider his bail application, in the event of the petitioner filing such https://hcservices.ecourts.gov.in/hcservices/

petition in Crime No.270/2016 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(CS) To 1.The III Additional District & Sessions Judge, (PCR), Madurai 2.The Inspector of Police, Perunkudi Police Station, Madurai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1cc to Mr.V.Ramalingam, Advocate in SR.47899 +1cc to Mr.S.Muniyandi, Advocate in SR.47859 Crl.O.P(MD)No.15548 of 2016 29.08.2016 rr PBK/SS-3 15.09.2016 ::2P-6C:

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