Madras High CourtCRL OP(MD)/1904/2016ordered

P.Pandi v. The Inspector Of Police

2016-02-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.1904 of 2016 P.Pandi .. Petitioner/A6 Vs.

The State of Tamilnadu Rep. By the Inspector of Police, Cheranmahadevi, Tirunelveli District.

.. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the II Additional Sessions Judge, (PCR), Tirunelveli to consider the bail application on the same day of surrender of the petitioner in connection with Crime No. 09 of 2016 dated 15.01.2016 on the file of the Cheranmahadevi Police Station, Tirunelveli District.

For Petitioner :: Mr.S.Xavier Rajini For Respondents :: Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor

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 II Additional Sessions Judge, (PCR), Tirunelveli, to consider the bail application of the petitioner on the same day on his surrender in Crime No.9/2016 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) of I.P.C., and 3(i)(x) of SC/ST 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.

3. The learned Additional Public Prosecutor takes notice for the respondent.

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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 II Additional Sessions Judge, (PCR), 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.

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

Sd/- Assistant Registrar (AS) //True Copy// Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

To 1.The II Additional Sessions Judge, (PCR), Tirunelveli. 2.The Principal District and Sessions Judge,Tirunelveli. 3.The Inspector of Police,Cheranmahadevi,Tirunelveli District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.Xavier Rajini, Advocate in SR.No.7205 Crl. O.P. (MD) No.1904 of 2016 04.02.2016 krk/CM PA/SK-SKN/SAR I/09.02.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/