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Madras High CourtCRL OP(MD)/6498/2016disposed of

K.Kanmani v. The Inspector Of Police

2016-07-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.6498 of 2016 K.Kanmani ... Petitioner/Accused No.2 Vs.

The State represented by the Inspector of Police, Oddanchathiram Police Station, Oddanchathiram, Dindigul District.

(Crime No.225 of 2016) ... Respondent/Complainant.

Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned District and Sessions Judge, PCR Court, Dindigul to accept the surrender of the petitioner and consider the bail application to be filed by the petitioner on the same day in Crime No.225 of 2016 on the file of the respondent police.

For Petitioner : Mr.S.R.Suresh Kumar 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 learned District and Sessions Judge, PCR Court, Dindigul to accept the surrender of the petitioner and consider the bail application to be filed by the petitioner on the same day in Crime No.225 of 2016 on the file of the respondent police.

2. The learned counsel for the petitioner also submitted that the petitioner has been implicated in this case for the alleged offences under Sections 307, 294(b), 506(ii) of I.P.C., and Section 3(1)(3) 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 cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

3. The learned Government Advocate(Crl.side) 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot move any anticipatory bail, the learned District and Sessions Judge, PCR Court, Dindigul is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.225 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 the above observation, this Criminal Original Petition is disposed of accordingly.

Sd/ Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To

1. The District and Sessions Judge, PCR Court, Dindigul.

2. The Inspector of Police, Oddanchathiram Police Station, Oddanchathiram, Dindigul District.

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

+1CC to M/S.S.R.Suresh Kumar, Advocate, SR.No. 21513 Crl.O.P.(MD)No.6498 of 2016 18.04.2016 AM/NGM.SS/AR-I/22.04.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/