Madras High CourtCRL OP(MD)/2636/2016ordered

Sendu @ Saraswathi v. The Deputy Superintendent Of

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.2636 of 2016 Sendu @ Saraswathi .. Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

2.The Inspector of Police, All Women Police Station, Ambasamuduram, Tirunelveli District.

(Cr. No.04 of 2016) .. Respondents/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned II-Additional District & Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider the bail application on the same day on merits in relating to Crime No.04 of 2016 on the file of the Inspector of Police, All Women Police Station, Tirunelveli District For Petitioner :: Mr.S.R.A.Ramachandhran For Respondents :: Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned II-Additional District & Sessions Judge (PCR Court), Tirunelveli, to consider the bail application of the petitioner on the same day on his surrender in Crime No.04/2016 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 417, 376, 506(i) of I.P.C., r/w 3(1)(X) of S.C. & S.T. (Prevention of Atrocities) 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 A1 in this case was already arrested.

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 https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot move any anticipatory bail, the learned II-Additional District & Sessions Judge (PCR Court), Tirunelveli, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.04 of 2016 on the file of the second 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(Records) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The II-Additional District & Sessions Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, All Women Police Station, Ambasamuduram, Tirunelveli District.

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

+1cc to M/S.S.R.A.RAMACHANDHRAN, Advocate in SR.No.8660 Crl. O.P. No.2636 of 2016 12.02.2016 PJL PA/SK-SKN/AR I/16.02.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/