Madras High CourtCRL OP(MD)/5644/2017disposed of

M.Harishkumar v. The Inspector Of Police

2017-05-04Honourable Mr Justice N. Authinathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM

THE HON'BLE MR.JUSTICE N.AUTHINATHAN Crl.O.P.(MD) No.5644 of 2017 M.Harishkumar ... Petitioner/Accused No.1 -VsState Represented by its, The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.238 of 2017]

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider the petitioner's bail application on the same date of his surrender itself in connection with Crime No.238 of 2017, on the file of the Inspector of Police, Vadipatti Police Station, Madurai District. For Petitioner : Ms.P.Revathi For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed, for direction to the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider the petitioner's bail application on the same date of his surrender itself in connection with Crime No.238 of 2017, on the file of the Inspector of Police, Vadipatti Police Station, Madurai District.

2. The learned Counsel for the Petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(b), 323 and 506 (i) I.P.C., r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(ba) of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act and that in view of specific bar under Section 18 of the SC/ST Act, he cannot move any anticipatory bail application and therefore, the petitioner has come forward with the above said prayer. https://hcservices.ecourts.gov.in/hcservices/

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

4. This Court does not express any opinion on the merits of the case. However, having regard to the facts and circumstances of the case, this Court directs the petitioner to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file necessary applications for bail. The Court concerned shall consider the same and pass appropriate orders, on merits, on the same day of surrender of the petitioner. 5.With the above direction, this Petition is disposed of. Sd/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To:

1.The III Additional District and Sessions Judge [PCR Court], Madurai.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

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

smn2/dss MAS/JC/SAR4:09.05.2017:2P-4C Crl.O.P.(MD) No.5644 of 2017 04.05.2017 https://hcservices.ecourts.gov.in/hcservices/