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Madras High CourtCRL OP(MD)/4974/2016ordered

S.Kamatchi v. The Deputy Superintendent Of

2016-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.4974 of 2016 S.Kamatchi ... Petitioner Vs.

1. The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

2. The Inspector of Police, West Police Station, Virudhunagar, Crime No.186/2016.

... Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge (Special Case for PCR) Court, Srivilliputhur at Virudhunagar District to consider the bail application of the petitioner if any filed by him on his surrender on the same day in Crime No.186 of 2016 on the file of the second respondent police. For Petitioner : Mr.G.Mariappan For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioners submitted that the petitioners have come forward with this petition seeking for a direction to the learned learned Principal District and Sessions Judge (Special Case for PCR) Court, Srivilliputhur at Virudhunagar District to consider the bail application of the petitioner if any filed by him on his surrender on the same day in Crime No.186 of 2016 on the file of the second respondent police.

2. The learned counsel for the petitioners also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 341, 294(b), 506(ii) r/w. 3(1) (r,s), 3(1)(g), 3(2), (va) SC/ST (Prevention of Atrocities) 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. Heard the learned Government Advocate(Crl.side).

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 Principal District and Sessions Judge (Special Case for PCR) Court, Srivilliputhur at Virudhunagar District is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.186 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(AE) /True Copy/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge (Special Case for PCR) Court, Srivilliputhur.

2. The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3. The Inspector of Police, West Police Station, Virudhunagar, Crime No.186/2016.

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

+1cc to Mr.G.Mariappan,Advocate Sr.No.16194 akv AA/GSV-PM/AR-I/23.03.2016/2p-6c Crl.O.P.(MD)No.4974 of 2016 22.03.2016 https://hcservices.ecourts.gov.in/hcservices/