Madras High CourtCRL OP(MD)/1971/2016ordered

Ponnarasu v. The Superintendent 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.1971 of 2016 Ponnarasu .. Petitioner/A1 Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub Inspector of Police, Mukkudal Police Station, Tirunelveli District In Crime No. 10 of 2016 .. Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned 2nd Additional District Judge cum PCR Court, Tirunelveli to consider the bail application filed by the petitioner on the same day in Crime No. 10 of 2016 on the file of the second respondent. For Petitioner :: Mr.T.Selvakumarn 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 2nd Additional District Judge cum PCR Court, Tirunelveli, to consider the bail application of the petitioner on the same day on his surrender in Crime No.10/2016 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 294(b), 506(ii) of I.P.C., and 3(1)(r)(s) 3 (2)(va) of Amendment SC/ST (POA) Act, 2016 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.

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 https://hcservices.ecourts.gov.in/hcservices/

bail, the learned 2nd Additional District Judge cum PCR Court, Tirunelveli, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.10 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 To 1.The 2nd Additional District Judge cum PCR Court, Tirunelveli. 2.The Principal District Judge, Tirunelveli 3.The Superintendent of Police,Tirunelveli District,Tirunelveli. 4.The Sub Inspector of Police,Mukkudal Police Station,Tirunelveli District.

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

+One cc to Mr.T.Selvakumaran, Advocate, SR.No.6883 krk/CM RL/7C/AAL/MPA/SARI/5/2/2016 Crl. O.P. (MD) No.1971 of 2016 04/02/2016 https://hcservices.ecourts.gov.in/hcservices/