Madras High CourtCRL OP(MD)/1720/2016allowed

Siva @ Sivasankar v. The Deputy Superintendent Of

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.1720 of 2016 Siva @ Sivasankar ... Petitioner vs.

The State rep.by

1. The Deputy Superintendent of Police Kottaipattinam Pudukkottai District

2. The Sub Inspector of Police Manamelkudi Police Station Pudukkottai District (Crime No.23 of 2016) ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned Principal District and Sessions Court (PCR Cases), Pudukkottai, to accept the surrender of the petitioner and to consider his bail application on the same day in connection with Crime No.23 of 2016, on the file of the respondent Police.

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

ORDER

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 Principal District and Sessions Judge (PCR Cases), Pudukkottai, to consider the bail application of the petitioner on the same day on his surrender in Crime No.23 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 294(b), 323, 506(ii) 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.

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

https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge (PCR Cases), Pudukkottai, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.23 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.

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

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, (PCR Cases), Pudukkottai.

2. The Deputy Superintendent of Police, Kottaipattinam, Pudukkottai District.

3. The Sub Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

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

+ 1 CC TO M/S.K.BAALASUNDHARAM, ADVOCATE IN SR NO. 7507/16 KRK TE/GSV-AN/ : 16/02/2016 : 2P/6C Crl.O.P(MD).No.1720 of 2016 08.02.2016 https://hcservices.ecourts.gov.in/hcservices/