Madras High CourtCRL OP(MD)/21598/2016disposed of

Prabu @ Amalin Jeya Prince v. The Inspector Of Police,

2016-11-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.21598 of 2016 Prabu @ Amalin Jeya Prince .. Petitioner/Accused No.10 Vs.

The State rep. by The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

(Crime No.175 of 2013) .. Respondent/complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure praying a direction to the II-Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the bail application of the petitioner on the same day of his surrender in Crime No.175 of 2013 on the file of the respondent police, pending investigation.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned II-Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the bail application of the petitioner on the day of surrender itself.

2. The petitioner is arrayed as accused No.10, in Crime No.175 of 2013 for the offences punishable under Sections 147, 341, 294(b), 297 and 506(ii) of I.P.C., read with Section 3(1)(x) and 3 (1)(x)(v) of the 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.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 4.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.175 of 2013 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. 5.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. II-Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli.

2. The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

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

+ 1 CC TO Mr.D.VENKATESH, ADVOCATE IN SR No. 69248 PJL TE/MPA/AR CS-II : 21/11/2016 : 2P/5C Crl.O.P.(MD) No.21598 of 2016 14.11.2016 https://hcservices.ecourts.gov.in/hcservices/