Lingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.2741 of 2016 Lingam ... Petitioner vs.

The Inspector of Police Nilakottai Dindigul District (Crime No.31 of 2016) ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned District and Sessions Judge (PCR Court), Dindigul District, to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned court in pending investigation of Crime No.31 of 2016, on the file of the Inspector of Police, Nilakottai, Dindigul District. For Petitioner : Mr.D.Selvaraj For Respondent : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioner has submitted that the petitioner has come forward with this petition seeking for a direction to the learned District and Sessions Judge (PCR Court), Dindigul District, to consider the bail application of the petitioner on the same day on his surrender in Crime No.31 of 2016, pending on the file of the respondent Police.

2. The learned counsel for the petitioner has also submitted that the petitioner has been implicated in this case for the alleged offences under Sections 341, 294(b), 323, 506(i) I.P.C., and Section 3(1)(s) of S.C. & S.T. Act, 2014, 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 (Criminal Side) takes notice for the respondent.

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 District and Sessions Judge (PCR Court), Dindigul District, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.31 of 2016, on the file of the respondent Police, and dispose of the same on merits and in accordance with law on the same day.

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5. With the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The District and Sessions Judge, (PCR Court), Dindigul District.

2.The Inspector of Police, Nilakottai, Dindigul District.

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

+1c to Mr.D.Selvaraj, Advocate SR.No.9215 Crl.O.P(MD).No.2741 of 2016 16.02.2016 krk PA/NGM-SS/SAR I/24.02.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/