Madras High CourtCRL OP(MD)/21299/2016disposed of

Vinoth @ Vinothkumar v. The Inspector Of Police,

2016-11-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21299 of 2016 Vinoth @ Vinothkumar .. Petitioner/Accused No.7 Vs.

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

(Crime No.582 of 2016) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying a direction to the Special Judge for SC/ST (Prevention of Atrocities) Act/III-Additional District and Sessions Judge (PCR Court), Madurai, to consider the bail application of the petitioner on the same day of his surrender in Crime No.582 of 2016 on the file of the respondent police . For Petitioner : Mr.A.Rajalingam Arumugam Pillai For Respondent : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned IIIAdditional District and Sessions Judge (PCR Court)/Special Judge for SC/ST (Prevention of Atrocities) Act, 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.7 in Crime No.582 of 2016 for the offences punishable under Sections Sections 147, 148, 294(b) and 506(ii) IPC read with Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 no one sustained injury.

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.582 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 III-Additional District and Sessions Judge (PCR Court) /Special Judge for SC/ST (Prevention of Atrocities) Act, Madurai, 2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

+1 CC to M/s.A.RAJALINGAM ARUMUGAM, Advocate, SR No.67343 Crl.O.P.(MD) No.21299 of 2016 09.11.2016 PJL SH/CK/SAR-3:22.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/