Madras High CourtCRL OP(MD)/18270/2016disposed of

Venkatesh v. The Inspector Of Police,

2016-09-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18270 of 2016 Venkatesh .. Petitioner/sole accused Vs The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

(Crime No.269 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Principal District and Sessions Judge, (PCR Cases),Pudukkottai, Pudukkottai District, to consider the bail application filed by the petitioner on the same day of his surrender in Crime No.269 of 2016 on the file of the respondent police.

For Petitioner : Mr.V.Sankaranarayanan For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioners seek a direction to the learned Principal District and Sessions Judge, (PCR Cases),Pudukkottai, Pudukkottai District, to consider the bail application on the day of surrender itself.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The petitioners are arrayed as sole accused in Crime No.269 of 2016 for the offences punishable under Sections 341, 294 (b) and 324 IPC read with Section 3(1)(r), 3(1)(s) and 3(2)(v)(a) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, 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 up with this petition.

4.The learned Government Advocate (Crl. Side) would submit that the injured had already been discharged from the hospital. 5.Considering the facts and circumstances of the case, the petitioner is directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioner in Crime No.269 of 2016 and consider the bail application of the petitioner and dispose of the same on merits and in accordance with law, on the same day of his surrender.

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6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Principal District and Sessions Judge, (PCR Cases), Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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

+One cc to Mr.V.Sankarayanan, Advocate, SR.No.55241 PJL RL/5C/2P/PV/29/9/2016 Crl.O.P.(MD) No.18270 of 2016 23.09.2016 https://hcservices.ecourts.gov.in/hcservices/