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Madras High CourtCRL OP(MD)/5994/2016ordered

Mukesh 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.5994 of 2016

1. Mukesh

2. Ilayaraja ... Petitioners Vs.

The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

(Crime No.190/2016).

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the III Additional District and Sessions Judge (P.C.R. cases ) Madurai District to consider the Bail application of the Petitioners on the same day of their surrender in Crime No. 190/2016 on the file of the respondent police and pass such other orders as this Honourable Court may deem fit and proper in the circumstances of the case.

For Petitioners : Mr.P.Senguttuarasan For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioners submitted that the petitioners have come forward with this petition seeking for a direction to the learned III Additional District and Sessions Judge (P.C.R. cases ) Madurai District to consider the Bail application of the Petitioners on the same day of their surrender in Crime No.190/2016 on the file of the respondent police.

2. The learned counsel for the petitioners also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 323, 342 and 506(i) of I.P.C. r/w. Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

3. The learned Government Advocate(Crl.side) submitted that the injured has been discharged from the hospital.

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 petitioners cannot move any anticipatory bail, the learned III Additional District and Sessions Judge (P.C.R. cases ) Madurai District https://hcservices.ecourts.gov.in/hcservices/

is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.190 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(C.S) Madurai Bench of Madras High Court, Madurai.

To

1. The III Additional District and Sessions Judge (P.C.R. Cases ) Madurai District.

2. The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

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

+1cc to M/S.P.Senguttuarasan, Advocate in SR.No.19601 Crl.O.P.(MD)No.5994 of 2016 06.04.2016 akv PA/JGB-DP/SAR I/07.04.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/