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Madras High CourtCRL OP(MD)/5582/2016disposed of

P.Sekar v. The Deputy Superintendent Of

2016-04-01Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5582 of 2016 P.Sekar ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

2.State, Rep. By the Inspector of Police, Checkanurani Police Station, Madurai District.

Crime No.145 of 2016.

... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned III Additional District Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioner and consider his bail application on the same day,on merits in relating to Crime No.145 of 2016 dated 26.03.2016 on the file of the respondents. For Petitioner : Mr.P.Balan For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned III Additional District Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioner and consider his bail application on the same day,on merits in relating to Crime No.145 of 2016 dated 26.03.2016 on the file of the respondents.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 341, 379(NP), 506(i) IPC r/w 3(1)(x) of SC/ST Act 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. The learned Government Advocate (Crl. Side) takes notice for the respondents.

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 III Additional District Sessions Judge (PCR Court) Madurai, is directed to accept the https://hcservices.ecourts.gov.in/hcservices/

surrender of the petitioner and consider the bail application, in the event of the petitioner filing such petition in Crime No.145 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(Records) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The III Additional District Sessions Judge (PCR Court), Madurai 2.The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

3.The Inspector of Police, Checkanurani Police Station,Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.P.Balan, Advocate in SR.No.18814 CRL.OP(MD)No.5582 of 2016 01.04.2016 RR PA/JGB-DP/SAR I/06.04.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/