Madras High CourtCRL OP(MD)/2491/2016ordered

Rajapandian, v. The Inspector Of Police

2016-02-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P(MD).No.2491 of 2016 Rajapandian .. Petitioner/Accused No.3 Vs.

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

(Crime No. 1305 of 2014) .. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned III-Additional District and Sessions Judge (SC/ST (Prevention of Atrocities) Act), Madurai, to consider the bail application of the petitioner on the same day of his surrender in Crime No. 1305 of 2014 on the file of the respondent police.

For Petitioner :: Mr.S.Muniyandi For Respondent :: Mrs.S.Prabha Government Advocate (Crl. Side)

ORDER

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned III-Additional District and Sessions Judge (SC/ST (Prevention of Atrocities) Act), Madurai, to consider the bail application of the petitioner on the same day on his surrender in Crime No.1305 of 2014 pending on the file of the respondent.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 120(b), 406, 420, 506(i) of I.P.C., r/w 3(1)(r), 3(1)(s) of S.C. & S.T. (Prevention of Atrocities) Amendment and Ordinance) Act 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.

3. The learned Government Advocate (Crl. Side) who takes notice for the respondent would submit that the no one has sustained injury in the occurrence.

4. 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 learned III-Additional https://hcservices.ecourts.gov.in/hcservices/

District and Sessions Judge (SC/ST (Prevention of Atrocities) Act), Madurai, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.1305 of 2014 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

5. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The III-Additional District and Sessions Judge, (SC/ST (Prevention of Atrocities) Act), Madurai

2. The Inspector of Police, Oomatchikulam Police Station, Madurai District.

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

+ 1 CC TO MR.S.MINIYANDI, ADVOCATE IN SR NO. 8630 PJL TE/MPA/SAR-I : 19/02/2016 : 2P/5C Crl. O.P. No.2491 of 2016 12.02.2016 https://hcservices.ecourts.gov.in/hcservices/