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Madras High CourtCRL OP(MD)/4987/2016ordered

R.Nithya v. The Inspector Of Police

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.4987 of 2016 R.Nithya ... Petitioner Vs.

The Inspector of Police, Siruganur Police Station, Trichy District.

(Crime No.139 of 2016) ... Respondent Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned I Additional District Judge (PCR Court), Trichy to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime No.139 of 2016 dated 10.03.2016, pending investigation on the file of the respondents. For Petitioner : Mr.K.Sivabalan For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioners submitted that the petitioner has come forward with this petition seeking for a direction to the learned I Additional District Judge (PCR Court), Trichy to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime No.139 of 2016 dated 10.03.2016, pending investigation on the file of the respondents.

2. The learned counsel for the petitioner also submitted that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 323, 506(ii) of I.P.C., r/w. Section 3(1)(x) of SC/ST (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.

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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 petitioner cannot move any anticipatory bail, the learned I Additional District Judge (PCR Court), Trichy is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.139 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(AS) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To

1. The I Additional District Judge (PCR Court), Trichy.

2. The Inspector of Police, Siruganur Police Station, Trichy District.

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

+1cc to M/S.K.Sivabalan, Advocate in SR.No.16204 Crl.O.P.(MD)No.4987 of 2016 22.03.2016 akv PA/AN-MP/SAR I/24.03.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/