Madras High CourtCRL OP(MD)/21141/2016disposed of

M.Muthu Raj 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.21141 of 2016 M.Muthu Raj .. Petitioner/Accused (rank not known) Vs.

The State rep. by The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

(Crime No.311 of 2016) ..Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying to direct the learned II-Additional District and Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District, to consider and dispose the bail application to be filed by the petitioner on the same day of its filing on his surrender in connection with the case in Crime No.311 of 2016 on the file of the Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

For Petitioner : Mr.R.Anand For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IIAdditional District and Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District, 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 respondents.

3. The petitioner is arrayed as accused in Crime No.311 of 2016 for the offences punishable under Sections 342, 294(b), 324, 506(ii) of I.P.C., and Section 3(1)(r)(s) and 3(11) (v,o) of the Scheduled Castes and Scheduled Tribes (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 https://hcservices.ecourts.gov.in/hcservices/

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.311 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 (RTI) /True copy/ Sub Assistant Registrar To

1. The II-Additional District and Sessions Judge, (PCR Court), Tirunelveli, Tirunelveli District.

2. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.ANAND, Advocate, SR No.66884 Crl.O.P.(MD) No.21141 of 2016 07.11.2016 PJL SH/SS-3/SAR-I:11.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/