Madras High CourtCRL OP(MD)/6524/2016disposed of

Manikandan @ Tamilmani v. The Inspector Of Police

2016-04-18Honourable Mr Justice P. N. Prakash2 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.6524 of 2016 Manikandan @ Tamilmani ... Petitioner/Sole Accused Vs.

The State represented by the Inspector of Police, Thachanallur Police Station, Tirunelveli District.

(Crime No.170 of 2016) ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Additional Session Judge cum Special PCR Court Tirunelveli to pass order on the bail petition filed by the petitioner on the same day of surrender in Crime No.170 of 2016 on the file of the respondent police. For Petitioner : Mr.N.Mohideen Basha 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 Additional Session Judge cum Special PCR Court, Tirunelveli to pass order on the bail petition filed by the petitioner on the same day of surrender in Crime No.170 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 3(i)(r)(s) and (u) of SC/ST (Prevention of Atrocities) Amendment 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. Heard the learned Government Advocate(Crl.side).

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 Additional Session Judge cum Special PCR Court, Tirunelveli is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.170 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(T&P) /True copy/ Sub Assistant Registrar To

1. The Additional Session Judge cum Special PCR Court, Tirunelveli.

2. The Inspector of Police, Thachanallur Police Station, Tirunelveli District.

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

+one cc to Mr.N.Mohideen Basha, Advocate in SR.No.21764 akv GJM/NGM-SS/SAR-I/25.04.2016 : 2P/5C Crl.O.P.(MD)No.6524 of 2016 18.04.2016 https://hcservices.ecourts.gov.in/hcservices/