Madras High CourtCRL OP(MD)/6095/2016ordered

Mohammed Meran v. The Deputy Superintendent Of

2016-04-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.6095 of 2016 Mohammed Meran ..Petitioner/Accused No.4 Vs 1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The Inspector of Police, Uthamapalayam Police Station, Theni District.

(Cr.No.173 of 2016) .. Respondents/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned direct the District and Sessions Judge (PCR Court), Theni to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.173 of 2016, on the file of the Inspector of Police, Uthamapalayam Police Station, Theni District. For Petitioner :Mr.K.P.S.Palanivel Rajan 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 District and Sessions Judge (PCR Court), Theni to consider the bail application of the petitioner on the same day on his surrender in Crime No.173 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), 448, 323, 324 and 506(ii) I.P.C. r/w Section 3(1)(r) (S) 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.

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3. The learned Government Advocate(Crl.Side) takes notice for the respondents and submitted that no one sustained injury in the alleged occurrence.

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 District and Sessions Judge (PCR Court), Theni 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.173 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(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

ssl To

1. The District and Sessions Court (PCR Court), Theni 2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Inspector of Police, Uthamapalayam Police Station, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.K.P.S.Palanivel Rajan, Advocate, SR No.19883 RG.JGB-DP/AR-I 12.04.2016 2P.6C Crl.O.P.(MD)No.6095 of 2016 07.04.2016 https://hcservices.ecourts.gov.in/hcservices/