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Madras High CourtCRL OP(MD)/5930/2016ordered

Dharmaraj Indrar v. The Inspector Of Police

2016-04-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5930 of 2016 Dharmaraj Indrar ... Petitioner Vs.

The State represented by the Inspector of Police, District Crime Branch, Tirunelveli District.

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

For Petitioner : Mr.P.Guna Sekaran For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioner submitted that the petitioner has come forward with this petition seeking for a direction to the II Additional District and Sessions Court cum Special Court for PCR Act Cases, Tirunelveli to consider and dispose of the petitioner's bail application to be filed in connection with the Crime No.10 of 2016 pending on the file of the respondent on the same of his surrender itself.

2. The learned counsel for the petitioner also submitted that the petitioner has been implicated in this case for the alleged offences under Sections 423, 467, 468, 471, 420 r/w. 120(B) of I.P.C., and r/w. Section 3(1)(a) of SC/ST (Prevention of Atrocities) Act, 1989 and that in view of the specific bar under Section 18 of the said Act, the petitioner https://hcservices.ecourts.gov.in/hcservices/ cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

3. Heard the learned Government Advocate (Crl.side).

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 II Additional District and Sessions Court cum Special Court for PCR Act Cases, Tirunelveli is directed to 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(CS-II) /True Copy/ Sub Assistant Registrar.

To

1. The II Additional District and Sessions Court cum Special Court 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.

+1CC to M/S.P. Gunasekaran,Advocate, SR.No. 19467 Crl.O.P.(MD)No.5930 of 2016 06.04.2016 https://hcservices.ecourts.gov.in/hcservices/ AM/SK.SKN/AR-I/07.04.2016/2P/5C