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Madras High CourtCRL OP(MD)/4470/2016ordered

S.Tamil Selvan v. The Deputy Superintendent Of

2016-03-15Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4470 of 2016 S.Tamil Selvan ..Petitioner/Accused No.4 Vs 1.State represented by The Deputy Superintendent of Police, Alangulam Division, Tirunelveli District.

2.State represented by The Inspector of Police, Surandai Police Station, Tirunelveli District.

(Cr.No.45 of 2016) .. Respondents/Complainants Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned II Additional Sessions Judge cum Special Judge PCR Court, Tirunelveli to accept the surrender of the petitioner and consider the bail application of the petitioner on the same day of surrender in Crime No.45/2016 on the file of the respondent police. For Petitioner :Mr.T.Selvan For Respondent :Mrs.S.Prabha Government Advocate (Crl.Side) ***

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned II Additional Sessions Judge cum Special Judge PCR Court, Tirunelveli to consider the bail application of the petitioner on the same day on his surrender in Crime No.45 of 2016 pending on the file of the respondent.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences https://hcservices.ecourts.gov.in/hcservices/ under Sections 294(b), 323, 324 and 506(ii) I.P.C. r/w Section 3(1)(x) of S.C. & S.T. (Prevention of Atrocities) 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(Crl.Side) takes notice for the respondents and submitted that the injured has already been discharged from the hospital.

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 II Additional Sessions Judge cum Special Judge PCR Court, Tirunelveli is directed to accept the surrender of the petitioner and consider the bail application, in the event of the petitioner filing such petition in Crime No.45 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. With this observation, this petition is disposed of accordingly. Sd/ Assistant Registrar(R) /True Copy/ Sub Assistant Registrar.

To

1. The II Additional Sessions Judge cum Special Judge PCR Court, Tirunelveli.

2.The Deputy Superintendent of Police, Alangulam Division, Tirunelveli District.

3.The Inspector of Police, Surandai Police Station, Tirunelveli District.

(Cr.No.45 of 2016) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/S.T.Selvan, Advocate, SR.No. 14540 Crl.O.P.(MD)No.4470 of 2016 15.03.2016 AM/GSV.PM/SAR-I/18.03.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/