Ponnuthai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3672 of 2016 Ponnuthai ... Petitioner/Accused No.2 Vs.

The State rep. By, Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District, Crime No.36 of 2016.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned II Additional Sessions Judge (PCR Court), Tirunelveli District to consider the petitioner bail application on the date of surrender on the same day in Crime No.36 of 2016 on the file of the Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District.

For Petitioner : Mr.K.Prabhu For Respondent : Mr.K.V.Rajarajan 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 II Additional Sessions Judge (PCR Court), Tirunelveli District, to consider the bail application of the petitioner on the same day on his surrender in Crime No.36 / 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 294(b), 323 I.P.C., r/w Section 4 of TNPWH Act and Section 3(1)(r) (s), 3(2)(Va) of of S.C. & S.T. (Prevention of Atrocities) Amendment Act, 2015 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) takes notice for the respondent and submitted that the injured has been discharged from the hospital.

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 II Additional Sessions Judge (PCR Court), Tirunelveli District is directed to accept the surrender of the petitioner and consider the bail application, in https://hcservices.ecourts.gov.in/hcservices/

the event of the petitioner filing such petition in Crime No.36 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.

With this observation, this petition is disposed of accordingly. Sd/ Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

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

2.The Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District.

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

+1cc to M/S.K.Prabhu, Advocate in SR.No.11981 CRL.OP(MD)No.3672 of 2016 02.03.2016 RR PA/AAL-MPA/AR I/04.03.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/