Madras High CourtCRL OP(MD)/5909/2016disposed of

Jeyakumar 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.5909 of 2016 Jeyakumar ..Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, District Crime Branch, Tirunelveli District.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned II Additional District and Sessions Judge cum Special Judge for PCR Act Cases, Tirunelveli to consider and dispose of the petitioner's application to be filed in connection with the Crime No.10 of 2016 pending on the file of the respondent on the same day of his surrender itself.

For Petitioner : Mr.R.Anand 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 II Additional District and Sessions Judge cum Special Judge for PCR Act Cases, Tirunelveli to consider the bail application of the petitioner on the same day on his surrender in Crime No.10 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 423, 467, 468, 471, 420 r/w 120(B) I.P.C. r/w Section 3(1) (a) of S.C. & S.T. (Prevention of Atrocities) Act, 2015 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 II Additional https://hcservices.ecourts.gov.in/hcservices/

District and Sessions Judge cum Special Judge for PCR Act Cases, Tirunelveli 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.10 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 II Additional District and Sessions Court cum Special Judge for PCR Act Cases, Tirunelveli.

2. The Inspector of Police, District Crime Branch, Tirunelveli District.

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

+ 1 CC TO MR.R.ANAND, ADVOCATE IN SR NO.19468 SSL TE/AN-MP/ : 13/04/2016 : 2P/5C Crl.O.P.(MD)No.5909 of 2016 05.04.2016 https://hcservices.ecourts.gov.in/hcservices/