Madras High CourtCRL OP(MD)/5847/2016disposed of

V. Marichamy v. The Inspector Of Police

2016-04-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5847 of 2016 V.Marichamy ..Petitioner/Accused Vs The State represented by The Inspector of Police, Kallimandayam Police Station, Kallimandayam,Oddanchathiram Taluk, Dindigul District.

In Crime No.78 of 2016.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the District and Sessions Judge cum PCR Court, Dindigul to accept the surrender of the petitioner and consider the bail application to be fled by the petitioner on the same day in Crime No.78 of 2016 on the file of the respondent police.

For Petitioner : Mr.K.Anandan For Respondent : Mrs.S.Prabha 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 District and Sessions Judge cum PCR Court, Dindigul to consider the bail application of the petitioner on the same day on his surrender in Crime No.78 of 2016 pending on the file of the respondent.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b) and 323 I.P.C. r/w Section 3(1)(3) of S.C. & S.T. (Prevention of Atrocities) 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 respondent.

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 District and https://hcservices.ecourts.gov.in/hcservices/

Sessions Judge cum PCR Court, Dindigul is directed to accept the surrender of the petitioner and consider the bail application, in the event of the petitioner filing such petition in Crime No.78 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 (T&P) /True Copy/ Sub Assistant Registrar To

1. The District and Sessions Judge cum PCR Court, Dindigul.

2. The Inspector of Police, Kallimandayam Police Station, Kallimandayam, Oddanchathiram Taluk, Dindigul District.

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

+ 1 CC TO MR.S.R.SURESH KUMAR, ADVOCATE IN SR NO. 19411 SSL TE/AN-MP/ : 13/04/2016 : 2P/5C Crl.O.P.(MD)No.5847 of 2016 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/