Madras High CourtCRL OP(MD)/20746/2016disposed of

Perumal Pandian v. The Inspector Of Police,

2016-10-26Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.20746 of 2016 Perumal Pandian .. Petitioner/Accused Vs.

The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

In Crime No.667 of 2016.

.. Respondent/Complainant.

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the II Additional Sessions Court cum (PCR) Court, Tirunelveli to consider the bail application on same day on his surrender in connection with Crime No.667 of 2016 on the file of the respondent.

For Petitioner : Mrs.Lakshmi Gopinathan For M/s.Polex Legal Solutiona For respondent : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The petitioner is arrayed as accused in Crime No.667/2016 in respect of the offences under Sections 147, 294(b), 323, 363, 506 (i) IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and that in view of the specific bar contained in Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the present petition. 4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital.

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5.Considering the submissions of both sides and also considering the nature of the prayer made in this case and also in view of the specific bar contained in Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act, the petitioner cannot move any anticipatory bail, the II Additional Sessions Court cum (PCR) Court, Tirunelveli, is directed to accept the surrender of the petitioner and consider his bail application, in the event of the petitioner filing such petition in Crime No.667/2016 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.

6.This petition is disposed of accordingly.

Sd/ Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The II Additional Sessions Court cum (PCR) Court, Tirunelveli.

2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District, In Crime No.667 of 2016 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1CC to M/S.Lakshmi Gopinathan, Advocate, SR.No. 64157 Order made in Crl.O.P.(MD).No.20746 of 2016 26.10.2016 SML AM/KM/SAR-3/26.10.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/