Madras High CourtCRL OP(MD)/21695/2016disposed of

Mahesh v. The Inspector Of Police,

2016-11-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.21695 of 2016 Mahesh .. Petitioner/Accused rank not known Vs.

State through The Inspector of Police, Mukkudal Police Station, Tirunelveli District (Cr.No.158/2016) .. Respondent/complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the Learned II-Additional Sessions Judge and Special Court for PCR Tirunelveli, to consider the bail application of the Petitioner/Accused (Rank Not Known) in Crime No.158 of 2016, on the file of the Respondent Police on the same day of surrender, on merits.

For Petitioner : Mr.S.Sundara Pandian For respondent : Mr.P.Kannithevan Government Advocate (Criminal side)

ORDER

The petitioner seeks a direction to the learned II-Additional Sessions Judge and Special Court for PCR, Tirunelveli, 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 in Crime No.158 of 2016 for the offences punishable under Sections 147, 341, 506(ii) read with Section 3(1)(r), 3(1)(s), 3(2)(va)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 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.

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4.The learned Government Advocate (Crl. Side) would submit that no one has been injured in this case.

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.158 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 (P&A) /True Copy/ Sub Assistant Registrar PJL To 1.The II-Additional Sessions Judge and Special Court for PCR, Tirunelveli.

2.The Inspector of Police, Mukkudal Police Station, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.S.Sundarapandian, Advocate Sr.No.69465 Gjm/SS3/AR-2-21.11.16-2p-5C Crl.O.P(MD)No.21695 of 2016 16.11.2016 https://hcservices.ecourts.gov.in/hcservices/