← Library
Madras High CourtCRL OP(MD)/5854/2016disposed of

Siva v. The Sub 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.5854 of 2016 Siva ..Petitioner/Accused No.1 Vs The Sub Inspector of Police, Melur Police Station, Madurai District.

..Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the III Additional Sessions Judge (PCR) Madurai, Madurai Disrict to accept the surrender of the petitioner in Cr.NO.259/2016 under Sections 294(b) 506(i) r/w.3(2) v(a) of SC/ST P.O.A Amendment Act on the file of the respondent and dispose the bail application will be filed by the petitioner on the same day itself on merits. For Petitioner :Mr.V.Maharajan For Respondent :Mrs.S.Prabha Government Advocate (Crl.Side) ***

O R D E R

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 Sessions Judge (PCR), Madurai, Madurai District to consider the bail application of the petitioner on the same day on his surrender in Crime No.259 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 506(i) I.P.C. r/w Section 3(2) v(a) of S.C. & S.T. (Prevention of Atrocities) Amendment Act, and that in view of the https://hcservices.ecourts.gov.in/hcservices/ 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 III Additional Sessions Judge (PCR), Madurai, Madurai District 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.259 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 /True Copy/ Sub Assistant Registrar.

To

1. The III Additional Sessions Judge (PCR), Madurai, Madurai District.

2.The Sub Inspector of Police, Melur Police Station, Madurai District.

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

+1CC to M/S.V.MAHARAJAN,Advocate, SR.No. 19593 Crl.O.P.(MD)No.5854 of 2016 05.04.2016 AM/SK.SKN/SAR-I/12.04.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/