Madras High CourtCRL OP(MD)/4252/2016ordered

A.Prabakaran v. The Inspector Of Police

2016-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.4252 of 2016 A.Prabakaran ...

Petitioner vs.

State represented by Inspector of Police Siruganoor Police Station Siruganoor, Trichy District (Crime No.91 of 2016) ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned I Additional District and Sessions Court-cum-PCR Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Trichy, to accept the surrender of the petitioner / accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.91 of 2016, on the file of the respondent Police.

For Petitioner : Mr.M.Silambarasan For Respondent : 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 I Additional District and Sessionscum-PCR Judge (Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Trichy, to consider the bail application of the petitioner on the same day on his surrender in Crime No.91 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), 324, 307, 506(ii) I.P.C., r/w Section 3(1)(x) of 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. https://hcservices.ecourts.gov.in/hcservices/

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 I Additional District and Sessions-cum-PCR Judge (Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Trichy, is directed to accept the surrender of the petitioner and consider his bail application, in the event of the petitioner filing such petition in Crime No.91 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.

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

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To 1.The I Additional District and Sessions -cum-PCR Judge (Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Trichy. 2.The Inspector of Police, Siruganoor Police Station, Siruganoor, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.M.Silambarasan,Advocate Sr No.13673 Crl.O.P(MD).No.4252 of 2016 10.03.2016 rg.GSV-PM/SAR-I 14.03.2016 2P/5C https://hcservices.ecourts.gov.in/hcservices/