Madras High CourtCRL OP(MD)/3109/2016dismissed

Muthupandi v. The Deputy Superintendent Of

2016-02-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.3109 of 2016 Muthupandi .. Petitioner vs.

1.The Deputy Superintendent of Police Samayanallur, Madurai District 2.State rep.by the Inspector of Police Samayanallur Police Station Madurai District (Crime No.38 of 2016) ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional District Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioner and consider their bail application on the same day of merits in relating to the Crime No.38 of 2016, dated 08.02.2016, on the file of the respondents. For Petitioner : Mr.P.Balan For Respondents : Mrs.S.Prabha, 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 III Additional District Sessions Judge (PCR Court), Madurai, to consider his bail application on the same day on his surrender in Crime No.38 of 2016, pending on the file of second respondent.

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 147, 148, 294(b), 341, 342, 323, 324, 427, 506(ii) and 307 I.P.C., r/s Section 3(2)(v) of S.C. & S.T. 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 (Criminal Side) appearing for the respondent Police has submitted that the injured has been discharged from the hospital after taking treatment.

4. Normally, this Court would direct the concerned Court to consider the bail application of the petitioner/accused on merits and in accordance with law on the same day in respect of the offence committed https://hcservices.ecourts.gov.in/hcservices/

under the provisions of SC/ST Act. However, in this case, on reading of the F.I.R., it is seen that the present case in Crime No.38 of 2016, has been registered for various offences including the one under Section 307 IPC, which is serious in nature. Therefore, this Court is of the view that this is not a fit case to grant the relief sought for by the petitioner.

Accordingly, the criminal original petition is dismissed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To:

1.The III Additional District Sessions Judge, (PCR court) Madurai.

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai District.

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

sm:sks-RR:AR I:2.03.2016:2P/5c Crl.O.P(MD).No.3109 of 2016 22.02.2016 https://hcservices.ecourts.gov.in/hcservices/