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Madras High CourtCRL OP(MD)/5116/2016ordered

Velmurugan v. The Deputy Superintendent Of

2016-03-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5116 of 2016 Velmurugan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Pudukottai.

2. State represented by the Inspector of Police, Thirugokarnam Police Station, Pudukottai.

(Crime No.6 of 2013) ... Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge (PCR Court), Pudukottai to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.6 of 2013 dated 08.01.2013 on the file of the respondents police. For Petitioner : Mr.D.Rameshkumar For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioner submitted that the petitioner has come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge (PCR Court), Pudukottai to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.6 of 2013 dated 08.01.2013 on the file of the respondents police.

2. The learned counsel for the petitioner also submitted that the petitioner has been implicated in this case for the alleged offences under Sections 171(E), 294(b), 506(ii) of I.P.C., Sections 65 and 67 of Panchayat Election Act 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.

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 Principal District and Sessions Judge (PCR Court), Pudukottai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.6 of 2013 on the file of the respondent https://hcservices.ecourts.gov.in/hcservices/

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(CO) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To

1. The Principal District and Sessions Judge (PCR Court), Pudukottai

2. The Deputy Superintendent of Police, Pudukottai.

3. The Inspector of Police, Thirugokarnam Police Station, Pudukottai.

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

+1cc to M/S.D.Rameshkumar, Advocate in SR.No.16636 Crl.O.P.(MD)No.5116 of 2016 23.03.2016 akv PA/AN-MP/SAR I/24.03.2016/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/