Madras High CourtCRL OP(MD)/1800/2016disposed of

Mayandi v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.1800 of 2016 Mayandi

...Petitioner/Accused

Vs.

The State Rep. By the Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District (Crime No. 9 of 2016) .. Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned 2nd Additional District and Sessions Judge (PCR Court), Tirunelveli to dispose the bail application filed by the petitioner on merits on the very same day of his surrender before the above mentioned concerned court in connection with FIR in Crime No. 09 of 2016 on the file of the respondent police. For Petitioner :: Mr.S.Angappan For Respondent :: Mrs.S.Prabha Government Advocate

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned 2nd Additional District and Sessions Judge (PCR Court), Tirunelveli to consider the bail application of the petitioner on the same day on his surrender in Crime No.09/2016 pending on the file of the respondent.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(b), 323, 506(ii) I.P.C and Section 3(1)(x) of S.C. & S.T. (Prevention of Atrocities) 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(Crl.side) takes notice for the respondent.

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 2nd Additional District and Sessions Judge (PCR Court), Tirunelveli is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.09 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. https://hcservices.ecourts.gov.in/hcservices/

5. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The 2nd Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Principal District and Sessions Judge, Tirunelvei. 3.Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi,Tirunelveli District.

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

+one cc to Mr.M.S.Jeyakarthick, Advocate in SR.No.7011 CSL/GSV-AN/10.02.2016/2p/6c Crl. O.P. (MD) No.1800 of 2016 https://hcservices.ecourts.gov.in/hcservices/