Madras High CourtCRL OP(MD)/5445/2016disposed of

Pandiselvi v. The Inspector Of Police

2016-03-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5445 of 2016

1. Pandiselvi

2. Paripoornam ... Petitioners Vs.

State represented by the Inspector of Police, Y.Othakadai Police Station, Madurai District.

Crime No.192 of 2016.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned III Additional District and Sessions Judge (Protection of Civil Rights), Madurai to accept the surrender and consider the bail application to be filed by the petitioners on the same day in Crime No.192 of 2016 on the file of the respondent police.

For Petitioners : Mr.T.A.Ebenezer For Respondent : 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 III Additional District and Sessions Judge (Protection of Civil Rights), Madurai to accept the surrender and consider the bail application to be filed by the petitioners on the same day in Crime No.192 of 2016 on the file of the 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 294(b) and 506(i) of I.P.C., r/w. Section 3(2) (Va) of SC/ST Amendment Act, 2015 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. Heard the learned Government Advocate(Crl.side). https://hcservices.ecourts.gov.in/hcservices/

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 III Additional District and Sessions Judge (Protection of Civil Rights), Madurai is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.192 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(CS-II) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

akv To

1. The III Additional District and Sessions Judge (Protection of Civil Rights), Madurai.

2. The Inspector of Police, Y.Othakadai Police Station, Madurai District.

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

+1 cc to Mr.T.A.Ebenezer,Advocate, SR No.17716 RG.GSV-PM/AR-I 31.03.2016 2P/5C Crl.O.P.(MD)No.5445 of 2016 30.03.2016 https://hcservices.ecourts.gov.in/hcservices/