← Library
Madras High CourtCRL OP(MD)/21130/2016disposed of

Kanagaraj v. The Inspector Of Police,

2016-11-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21130 of 2016 Kanagaraj .. Petitioner/Sole Accused Vs.

The State by The Inspector of Police, Swaminathapuram Police Station, Dindigul District.

(Crime No.210 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge (Special Court for PCR cases), Dindigul, to consider the bail application of the petitioner on the same day on his surrender in connection with Crime No.210 of 2016 on the file of the respondent police.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned Principal District and Sessions Judge(PCR), Dindigul 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 sole accused in Crime No.210 of 2016 for the offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C., altered into Section 294(b), 324, 506(ii) of IPC read with Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 2016, 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 up with this petition. https://hcservices.ecourts.gov.in/hcservices/

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.210 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. 6.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge(PCR), Dindigul.

2.The Inspector of Police, Swaminathapuram Police Station, Dindigul District.

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

+ 1 CC TO Mr.D.VENKATESH, ADVOCATE IN SR No. 66788 PJL TE/DB/SAR-III : 14/11/2016 : 2P/5C Crl.O.P.(MD) No.21130 of 2016 07.11.2016 https://hcservices.ecourts.gov.in/hcservices/