Madras High CourtCRL OP(MD)/7049/2016disposed of

Hari v. The Inspector Of Police

2016-04-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.7049 of 2016 Hari ..Petitioner/Accused Vs State represented by The Inspector of Police, Solavanthan Police Station, Madurai District.

(Crime No.151 of 2016) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned III Additional Sessions Court (PCR), Madurai, Madurai District to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.151 of 2016 on the file of the respondent police on the very same day.

For Petitioner :Mr.M.Pitchai Muthu For Respondent :Mrs.S.Prabha Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the III Additional Sessions Court (PCR), Madurai, Madurai District to consider the bail application of the petitioner on the same day on his surrender in Crime No.151 of 2016 pending on the file of the respondent.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 341, 323, 506(i) I.P.C. r/w Section 3 (2)(V)(A) of SC/ST 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. The learned Government Advocate(Crl.Side) takes notice for the respondent and submitted that the injured has already been discharged from the hospital.

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 III Additional Sessions Court, (PCR) Madurai, Madurai District is directed to accept the surrender of the petitioner and consider the bail application, in the event of the petitioner filing such petition in Crime No.151 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 this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To

1. The III Additional Sessions Court(PCR), Madurai, Madurai District.

2.The Inspector of Police, Solavanthan Police Station, Madurai District.

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

+1cc to Mr.M.Pitchaimuthu, Advocate Sr.No.24272 sm:GSV:11.5.2016:2P/5C Crl.O.P.(MD)No.7049 of 2016 26.04.2016 https://hcservices.ecourts.gov.in/hcservices/