Madras High CourtCRL OP(MD)/15978/2016disposed of

David, v. The Inspector Of Police,

2016-08-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.15978 of 2016 David .. Petitioner/Sole Accused Vs.

State rep. by its The Inspector of Police, Sathankulam Police Station, Thoothukudi District Crime No.473/2015 .. Respondent/complainant 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, Additional District Judge NO.II, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.473/2015 on the file of the respondent police.

For Petitioner : Mr.R.Pon Karthikeyan 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 the sole accused in Crime No.473/2015 in respect of the offences under Sections 294(b), 352, 506(ii) IPC and r/w 3 (1)(x) 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 investigation is completed and charge sheet has been filed.

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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, Additional District Judge NO.II, Tirunelveli, 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.473/2015 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 (W) /True Copy/ Sub Assistant Registrar To 1.The Additional District Judge NO.II, Special Judge for SC/ST Tirunelveli 2.The Inspector of Police, Sathankulam Police Station, Thoothukudi District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1 cc to MR.R.PON KARTHIKEYAN, Advocate Sr.No.48427 Crl.O.P(MD)No.15978 of 2016 30.08.2016 SMA/PV/16/09/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/