Madras High CourtCRL OP(MD)/5993/2016ordered

N. Nagarajan v. The Inspector Of Police

2016-04-15Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No. 5993 of 2016 J.Nagarajan ... Petitioner vs.

The Inspector of Police, Melur Police Station, Madurai District ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the III Additional District & Sessions (PCR) Judge, Madurai, to consider the bail application filed by the petitioner on the same day of his surrender in Cr.No.309 of 2016 on the file of the respondent police.

For Petitioner : Mr.V.Santhakumaresan For Respondent : Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioner has submitted that the petitioner has come forward with this petition seeking for a direction to the learned III Additional District & Sessions (PCR) Judge, Madurai, to consider the bail application filed by the petitioner on the same day of his surrender in Cr.No.309 of 2016 on the file of the respondent police.

2. The learned counsel for the petitioner has also submitted that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 323, 324, 506(ii) I.P.C., r/w Section 3(2)(v)(a) of S.C. & S.T. (POA) Act, 1989, 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 (Criminal Side) takes notice for the respondent.

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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 (PCR) Judge, Madurai, is directed to accept the surrender of the petitioner and consider his bail application, in the event of the petitioner filing such petition in Crime No.309 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.

5. With the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To

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

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

+one cc to M/s.V.Santhakumaresan, Advocate in SR.No.21364 RR CSL/GSV-PM/AR-I/27.04.2016 :2P/5C Crl.O.P(MD).No. 5993 of 2016 15.04.2016 https://hcservices.ecourts.gov.in/hcservices/