Madras High CourtCRL OP(MD)/4289/2016ordered

Palani v. The Inspector Of Police

2016-03-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.4289 of 2016 Palani ... Petitioner vs.

1.The Inspector of Police, Lalgudi Police Station, Trichy District.

2.K.Ramkumar ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the District and Sessions Judge (PCR cases), Trichy District, to consider the bail application of the petitioner on the same day of his surrender in P.R.C.No.5/2014, on the file of learned Judicial Magistrate, Trichy.

For Petitioner : Mr.Veera Kathiravan For Respondent :Ms.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 District and Sessions Judge, PCR Cases, Trichy District, to consider the bail application of the petitioner on the same day on his surrender in PRC No.5/2014.

2. The learned counsel for the petitioner has also submitted that the petitioner has been implicated in this case for the alleged offences under Section 506(ii) of I.P.C., and Section 3(x) of S.C. & S.T.(POA) 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 (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 https://hcservices.ecourts.gov.in/hcservices/

bail, the learned District and Sessions Judge, (P.C.R.cases), Trichy District, is directed to consider the surrender of the petitioner and bail application, in the event of the petitioner filing such petition in P.R.C.No.5/2014, 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 /True Copy/ Sub Assistant Registrar jikr To

1. The District and Sessions Judge (PCR cases), Trichy District.

2. The Inspector of Police, Lalgudi Police Station, Trichy District.

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

+1CC TO Mr.Veerakathiravan, Advocate in Sr.No.14029 CN/SKS-RR/18.03.2016/2P-5C Crl.O.P(MD).No.4289 of 2016 11.03.2016 https://hcservices.ecourts.gov.in/hcservices/