Madras High CourtCRL OP(MD)/4352/2016ordered

Kumar v. The Inspector Of Police

2016-03-14Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.4352 of 2016 Kumar ... Petitioner vs.

State represented by Inspector of Police Veerapandi Police Station Theni District (Crime No.80/2016) ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned District and Sessions Judge PCR Court Theni to consider the bail application of the petitioner/accused to be filed in Cr. No.80 of 2016 on the file of the respondent police and to accept his surrender on the same day on considering the merits.

For Petitioner : Mr.P.Senguttuarasan For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

ORDER

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, P.C.R. Court, Theni, to consider the bail application of the petitioner on the same day on his surrender in Crime No.80 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 294(b), 324, 506(ii) I.P.C., r/w 3(1)(4)(s), 3(2)(Va) of SC/ST (POA) Act Amendment Ordinance Act, 2014, 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 bail, the learned District and Sessions Judge, P.C.R. Court, Theni, 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.80 of 2016, on the file of https://hcservices.ecourts.gov.in/hcservices/

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 (AE) /True Copy/ Sub Assistant Registrar To

1. The District and Sessions Judge, P.C.R. Court, Theni.

2. The Inspector of Police, Veerapandi Police Station, Theni District.

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

+ 1 CC TO M/S.P.SENGUTTUARASAN, ADVOCATE IN SR NO. 14270 KRK TE/JGB-DP/ : 21/03/2016 : 2P/5C Crl.O.P(MD).No.4352 of 2016 14.03.2016 https://hcservices.ecourts.gov.in/hcservices/