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Madras High CourtCRL OP(MD)/4301/2016ordered

A. Aravinth v. The Assistant Commissioner Of

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.4301 of 2016 1.A.Aravinth 2.Karthick Rajan ... Petitioners vs.

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

2.The Inspector of Police, D3.Koodal Pudur Police Station, Madurai City.

... Respondents (Crime No.219 of 2016) PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional District and Sessions Judge (PCR Cases), Madurai District and to consider the bail application of the petitioners on the same day of their surrender in Crime No.219 of 2016 on the file of the 2nd respondent police. For Petitioners : Mr.K.Rajkumar For Respondent : Ms.S.Prabha, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioners has submitted that the petitioners have 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 petitioners on the same day on their surrender in Crime No.219 of 2016, pending on the file of the second respondent Police.

2. The learned counsel for the petitioners has also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 341, 323, 324, 506(ii) and 392 I.P.C., r/w Section 3 (1)(r) and 3(1)(s) of S.C. & S.T. Act, 1989, and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

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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 petitioners cannot move any anticipatory bail, the learned III Additional District and Sessions Judge (PCR Cases), Madurai District, is directed to consider the surrender of the petitioners and the bail application, in the event of the petitioners filing such petition in Crime No.219 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 the above observation, this criminal original petition is disposed of.

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

jikr To 1.III Additional District and Sessions Judge (PCR Cases), Madurai.

2.The Assistant Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, D3.Koodal Pudur Police Station, Madurai City.

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

+1 cc to Mr.K.Rajkumar,Advocate Sr No.14028 rg.AAL-MPA/AR-I 16/03/2016 2P/6C Crl.O.P(MD).No.4301 of 2016 11.03.2016 https://hcservices.ecourts.gov.in/hcservices/