Madras High CourtCRL OP(MD)/3492/2016disposed of

A.Palani v. The Assistant Commissioner

2016-02-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3492 of 2016 A.Palani .. Petitioner/A1 Vs.

The State rep. By 1.The Assistant Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Madurai City.

(Crime NO.329 of 2016) .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the III Additional District and Sessions Judge (PCR Cases) Madurai District to consider the bail application of the petitioners on the same day of their surrender in Crime NO.329 of 2016 on the file of the second respondent police. For Petitioner :: Mr.K.Rajkumar 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 III Additional District and Sessions Judge (PCR Cases) Madurai District to consider the bail application of the petitioner on the same day on his surrender in Crime No.329 of 2016 pending on the file of the second 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 147, 341, 323, 336, 294(B), 506(ii) I.P.C., r/w 3(1)(x) of https://hcservices.ecourts.gov.in/hcservices/ S.C. & S.T. Act, 1989 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 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 III Additional District and Sessions Judge (PCR Cases) Madurai District, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.329 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(AS) /True Copy/ Sub Assistant Registrar.

To 1.The III Additional District and Sessions Judge (PCR Cases) Madurai District, 2.The Assistant Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, Sellur Police Station, Madurai City.

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

+1CC to Mr.K.Rajkumar, Advocate, SR.No. 11524 https://hcservices.ecourts.gov.in/hcservices/ Crl. O.P. No.3492 of 2016 AM/AN.MP/SAR-I/03.03.2016/2P/6C