Madras High CourtCRL OP(MD)/4416/2016ordered

V.Gunasekaran v. The Sub 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.4416 of 2016 V.Gunasekaran ... Petitioner vs.

The Sub Inspector of Police Palanichettipatti Police Station Theni District In Crime No.191 of 2016 ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned Principal Sessions Court-cum-PCR Court, Theni to consider the bail application filed by the petitioner on the same day in Cr. No.191 of 2016 on the file of the respondent.

For Petitioner : Mr.M.Saravanan 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 Principal Sessions-cum-PCR Judge, Theni, to consider the bail application of the petitioner on the same day on his surrender in Crime No.191 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 147, 148, 324 I.P.C., and Sections 3(i)(r)(s), 3(2)(va) SC/ST (POA) Amendment Ordinance, 2014, 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.

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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 petitioner cannot move any anticipatory bail, the learned Principal Sessions-cum-PCR Judge, 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.191 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(C.O.) /True Copy/ Sub Assistant Registrar.

To 1.The Principal Sessions-cum-PCR Judge, Theni .

2.The Sub Inspector of Police, Palanichettipatti Police Station, Theni District.

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

+1CC to M/S. R.J.Karthick, Advocate, SR.No. 14159 Crl.O.P(MD).No.4416 of 2016 14.03.2016 AM/GSV.PM/SAR-I/18.03.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/