Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.4754 of 2016 1.Manikandan 2.Kartheesan ... Petitioners vs.
State rep. By The Inspector of Police, Radhapuram Police Station, Tirunelveli District Crime No.26/2016 ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned IInd Additional Sessions Judge (PCR Court), Tirunelveli, to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.26/2016, on the file of the respondent Police For Petitioners : Mr.M.Subash Babu For Respondent : Mrs.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 IInd Additional Sessions Judge(PCR Court), Tirunelveli, to consider the bail application of the petitioners on the same day on their surrender in Crime No.26 of 2016, pending on the file of the 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 294(b), 323, 506(i) I.P.C., r/w Section 3 (1) (x) 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.
3. The learned Government Advocate (Criminal Side) takes notice for the respondent.
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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 IInd Additional Sessions Judge(PCR Court), Tirunelveli, is directed to accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No. 26 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 (RTI) /True Copy/ Sub Assistant Registrar RR To
1. The IInd Additional Sessions Judge (PCR Court), Tirunelveli
2. The Inspector of Police, Radhapuram Police Station, Tirunelveli District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to M.Subash Babu, Advocate in Sr.No.15794 CN/SKS-RR/SAR1/28.03.2016/2P-5C Crl.O.P(MD).No.4754 of 2016 18.03.2016 https://hcservices.ecourts.gov.in/hcservices/