Kannagi, v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.21437 of 2016 Kannagi .. Petitioner Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

2.State, rep. By the Inspector of Police, Keelavalavu Police Station, Madurai District.

(Cr.No.385 of 2016) .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned III Additional District Sessions Judge(PCR Court), Madurai to accept the surrender of the petitioners and consider her bail application on the same day on merits in relating to Crime No.385 of 2016, dated 18.10.2016 on the file of the respondents.

For Petitioner : Mr.P.Balan For respondents : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This application has been filed seeking a direction to the learned III Additional District Sessions Judge(PCR Court), Madurai, 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.385/2016 in respect of the offences under Sections 420, 294(b), 506(i) of I.P.C and Section 3(1)(r), 3(1)(s)of SC/ST (Prevention of Atrocities) Act, Amendment Act, 2015 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. 4.The learned Government Advocate (Crl. Side) would submit that the injured person had already been discharged from the hospital.

5.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 Court below, 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.385/2016 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(RTI) /True Copy/ Sub Assistant Registrar pm To 1.The III Additional District Sessions Judge(PCR Court), Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Keelavalavu Police Station, Madurai District.

4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1cc to Mr.P.Balan Advocate Sr.No.68202 JAM/15.11.16/SK-SKN/SAR 3/2P-6C

K.KALYANASUNDARAM , J.

pm Crl.O.P(MD)No.21437 of 2016 10.11.2016