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Madras High CourtCRL OP(MD)/6918/2016disposed of

Andrews v. The Inspector Of Police

2016-04-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No. 6918 of 2016 1.Andrews 2.Muthuvel ... Petitioners vs.

The State rep. by The Inspector of Police, Nazareth Police Station, Tuticorin District ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application on the date of surrender before the Court in respect of Crime No.92 of 2016 on the file of the respondent police.

For Petitioners: Mr.S.R.Anbarasu For Respondent : Mrs.S.Prabha, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioners has submitted that the petitioners have come forward with this petition seeking for a direction to the learned II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application on the date of surrender before the Court in respect of Crime No.92 of 2016 on the file of the respondent police.

2. The learned counsel for the petitioner has also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323, 506(ii) I.P.C. And Section 4 of TNPHW Act and r/w Section 3(i)(r)(s), 3(3) (s-a) of S.C. & S.T. (POA) Amendment Act, 2015, and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have 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 Atrocities) Act, that the petitioners cannot move any anticipatory bail, the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, is directed to https://hcservices.ecourts.gov.in/hcservices/

accept the surrender of the petitioners and consider their bail application, in the event of the petitioners filing such petition in Crime No.92 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 II Additional District and Sessions (PCR Court) , Tirunelveli 2.The Inspector of Police, Nazareth Police Station, Tuticorin District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/S.S.R.Anbarasu, Advocate, SR.No. 24157 Crl.O.P(MD).No. 6918 of 2016 25.04.2016 AM/GSV.PM/SAR-I/05.05.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/