Madras High CourtCRL OP(MD)/6527/2016disposed of

Vanaraja 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.6527 of 2016 Vanaraja ... Petitioner Vs.

The State represented by the Inspector of Police, T.Ramanathapuram Police Station, Madurai District.

(Crime No.25 of 2016) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the III Additional District and Sessions Judge cum SC/ST Prevention of Atrocities Act, PCR Unit, Madurai to consider the bail application of the petitioner on the very same day of his surrender in Crime No. 25 of 2016 on the file of the respondent police.

For Petitioner : Mr.S.Sivaprakash For Respondent : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

The learned counsel for the petitioner submitted that the petitioner has come forward with this petition seeking for a direction to the learned III Additional District and Sessions Judge cum SC/ST Prevention of Atrocities Act, PCR Unit, Madurai to consider the bail application of the petitioner on the very same day of his surrender in Crime No. 25 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 147, 148, 366, 341, 294(b), 323 of I.P.C., and 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 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) 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 III Additional District and Sessions Judge cum SC/ST Prevention of Atrocities Act, PCR Unit, Madurai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.25 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 III Additional District and Sessions Judge, PCR Unit, Madurai.

2. The Inspector of Police, T.Ramanathapuram Police Station, Madurai District.

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

+1cc to Mr.S.Sivaprakash, Advocate Sr.No.21558 akv AA/SKKS-RR/AR-I/27.04.2016/2p-5c Crl.O.P.(MD)No.6527 of 2016 18.04.2016 https://hcservices.ecourts.gov.in/hcservices/