Madras High CourtCRL OP(MD)/7119/2016ordered

Raja v. The State Of Tamilnadu

2016-04-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.7119 of 2016 Raja ... Petitioner vs.

1.The State of Tamilnadu rep.by Deputy Superintendent of Police Nilakkottai, Dindigul District 2.The Inspector of Police Nilakkottai Police Station Dindigul District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned Principal Sessions Judge (PCR), Dindigul, to consider and dispose the bail application to be filed by the petitioner / accused No.1 on the same day itself in connection with the case in Crime No.161 of 2016, on the file of the Inspector of Police, Nilakkottai Police Station, Dindigul District.

For Petitioner : Mr.T.R.Jeyapalam 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 Principal Sessions Judge (PCR), Dindigul, to consider the bail application of the petitioner on the same day on his surrender in Crime No.161 of 2016, pending on the file of the second 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), 323, 324 and 506(ii) I.P.C., r/w Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 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.

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

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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 Principal Sessions Judge (PCR), Dindigul, 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.161 of 2016, on the file of the second 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(AE) /True Copy/ Sub Assistant Registrar.

To 1.The Principal Sessions Judge (PCR), Dindigul.

2.The Deputy Superintendent of Police, Nilakkottai, Dindigul District.

3.The Inspector of Police, Nilakkottai Police Station, Dindigul District.

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

+1CC to M/S.T.R.Jeyapalam, Advocate, SR.No. 24529 Crl.O.P(MD).No.7119 of 2016 27.04.2016 AM/SK.SKN/AR-I/28.04.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/