Madras High CourtCRL OP(MD)/19451/2016disposed of

Sasi @ Sasikumar v. The Inspector Of Police,

2016-10-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19451 of 2016 Sasi @ Sasikumar .. Petitioner/Sole Accused Vs State represented by The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No.357 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned District and Sessions Judge, (PCR), Theni, to consider the petitioner's bail application on the date of surrender itself in Crime No.357 of 2016 on the file of the respondent police.

For Petitioner : Mr.C.Bethanasamy For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned District and Sessions Judge,(PCR), Theni, 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 petitioner is arrayed as accused in Crime No.357 of 2016 for the offences punishable under Sections 294(b), 341, 323 and 506(i) of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment 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 up with this petition.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl. Side) would submit that the injured person 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.357 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.

6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CSI) /True Copy/ Sub Assistant Registrar PJL To

1. The District and Sessions Judge, (PCR), Theni District.

2.The Inspector of Police, Periyakulam Police Station, Theni District.

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

+1cc to Mr.C.Bethanasamy,Advocate Sr.No. 60259 JAM/18.10.16/EM-MPA /SAR III/2P-5C Crl.O.P.(MD) No.19451 of 2016 07.10.2016 https://hcservices.ecourts.gov.in/hcservices/