Madras High CourtCRL OP(MD)/20104/2016disposed of

P.Tamilselvan v. The Inspector Of Police,

2016-10-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20104 of 2016 P.Tamilselvan ..Petitioner/A1 Vs.

The State rep. by The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.528 of 2016) ..Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned III-Additional District and Sessions Judge (PCR), Madurai to consider the bail application of the petitioner on the same day of surrender in Crime No.528 of 2016 on the file of the respondent to the petitioner. For Petitioner : Mr.K.Muraleedharan For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IIIAdditional District and Sessions Judge (PCR), Madurai, to consider the bail application of the petitioner 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 No.1 in Crime No.528 of 2016 for the offences punishable under Sections 147, 148, 109, 294 (b) and 506(ii) of I.P.C., and Section 3(2)(v)(a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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. 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.528 of 2016 and consider the petitioner's bail application 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(CO) /True Copy/ Sub Assistant Registrar(CS) To

1. The III-Additional District and Sessions Judge (PCR), Madurai.

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

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

+1cc to M/s.K.Muraleedharan, Advocate in SR.62142 Crl.O.P.(MD) No.20104 of 2016 20.10.2016 pjl PBK/CK/SAR-I 25/10/2016 ::2P-5C:

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