Madras High CourtCRL OP(MD)/6814/2016disposed of

Muthu v. The Deputy Superintendent Of

2016-04-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.6814 of 2016 Muthu ... Petitioner / Accused vs.

1.The Deputy Superintendent of Police Melur Taluk, Madurai District 2.The Sub Inspector of Police Keelavalavu Police Station Madurai District (In Crime No.152 of 2016) ... Respondent / Complainants PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned III Additional Sessions Court (PCR), Madurai, to consider the bail application on the same day on his surrender in connection with Crime No.152 of 2016, on the file of the respondent.

For Petitioner : Mr.A.V.Arun For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

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 Sessions Judge, P.C.R., Court, Madurai, to consider the bail application of the petitioner on the same day on his surrender in Crime No.152 of 2016, pending 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 294(b), 332 I.P.C., r/w 3(2)(V)(a) SC/ST Act and POA Act, 2014, and 379 (NH) I.P.C., 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Criminal Side) takes notice for the respondents.

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 Sessions Judge, P.C.R., Court, 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.152 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.

5. With the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The IIIrd Additional Sessions Judge, P.C.R., Court, Madurai.

2.The Deputy Superintendent of Police, Melur Taluk, Madurai District.

3.The Sub Inspector of Police, Keelavalavu Police Station, Madurai District.

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

+One cc to Mr.A.V.Arun, Advocate, SR.No.23277 krk RL/6C/2P/JGB/DP/5/5/2016 Crl.O.P(MD).No.6814 of 2016 22.04.2016 https://hcservices.ecourts.gov.in/hcservices/