Madras High CourtCRL OP(MD)/15638/2016disposed of

R.Annadurai v. The Inspector Of Police

2016-08-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.15638 of 2016 R.Annadurai .. Petitioner Vs.

State rep. by The Inspector of Police, P.C.Patti 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 Judge, Theni (PCR Act Cases) to consider the bail application on the same day, filed by the petitioner/accused in Crime No.468/2016 dated 05.08.2016 on the file of the respondent police. For Petitioner : Mr.P.Muthuvijayapandian For respondents : 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 respondents. 3.The petitioner is arrayed as accused No.3 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 3(2)(va) of SC/ST (POA) Amended 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 injured has been discharged from the hospital and investigation is almost completed and that the co-accused had already been enlarged on bail in Crl.O.P.(MD) No.s15099 and 15243/2016.

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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 Judge, Theni (PCR Act Cases), 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/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Principal District Judge, Theni (PCR Act Cases) 2.The Inspector of Police, P.C.Patti Police Station, Theni District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.P.MUTHU VIJAYA PANDIAN, ADVOCATE IN SR No. 47570 RR TE/CK : 16/09/2016 : 2P/5C Crl.O.P(MD)No.15638 of 2016 26.08.2016 https://hcservices.ecourts.gov.in/hcservices/