Madras High CourtCRL OP(MD)/2022/2016ordered

Chandran 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.2022 of 2016 Chandran .. Petitioner/Sole Accused Vs.

State through The Inspector of Police, Koodakovil Police Station, Madurai District.

(In Crime No. 178 of 2015) .. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned 3rd Additional District and Sessions Judge (PCR Act Cases), Madurai to consider the application of the petitioner/accused on the same day of surrender in Crime No. 178 of 2015 on the file of the respondent police. For Petitioner :: Mr.S.Muniyandi For Respondent :: 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 3rd Additional District and Sessions Judge (PCR Act Cases),Madurai, to consider the bail application of the petitioner on the same day on his surrender in Crime No.178/2015 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) of I.P.C., r/w 3(i)(x) of S.C. & S.T. 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 https://hcservices.ecourts.gov.in/hcservices/ 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 bail, the learned 3rd Additional District and Sessions Judge (PCR Act Cases),Madurai, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.178 of 2015 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 3rd Additional District and Sessions Judge (PCR Act Cases),Madurai. 2.The Principal District & Sessions Judge,Madurai District. 3.The Inspector of Police,Koodakovil Police Station,Madurai District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.Muniyandi, Advocate in SR.No.7069 Crl. O.P. (MD) No.2022 of 2016 04.02.2016 krk/CM PA/SK-SKN/SARI/09.02.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/