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Madras High CourtCRL OP(MD)/6407/2016ordered

V.Vellaisamy S/O Velusamy 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. 6407 of 2016 V.Vellaisamy ... Petitioner/Accused No.10 vs.

The State rep. by The Inspector of Police, Elumalai Police Station, Madurai District ... Respondent/Complainant PRAYER: This petition is filed under Section 482 Cr.P.C to direct the III Additional District Judge (PCR cases), Madurai, to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Cr.No.166 of 2015 on the file of the respondent police. For Petitioner : Mr.I.Mubarak Mandiri For Respondent : Mrs.S.Prabha, G.A.(Crl.Side)

ORDER

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 Judge (PCR cases), Madurai, to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Cr.No.166 of 2015 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 147, 294(b) I.P.C., r/w Section 3(i)(x) 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.

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 https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act, that the petitioner cannot move any anticipatory bail, the learned III Additional District Judge (PCR cases), 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.166 of 2015, 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 /True Copy/ Sub Assistant Registrar To

1. The III Additional District (PCR) Judge, Madurai. 2.The Inspector of Police, Elumalai Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.I.MUBARAK MANDIRI, Advocate Sr.No.21076 RR AA/SKS-RR/AR-I/27.04.2016/2p-5c Crl.O.P(MD).No. 6407 of 2016 15.04.2016 https://hcservices.ecourts.gov.in/hcservices/