Madras High CourtCRL OP(MD)/7155/2016ordered

Muruganandam v. The Deputy Superintendent Of

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.7155 of 2016 Muruganandam ... Petitioner vs.

1.The Deputy Superintendent of Police Thanjavur, Thanjavur District 2.State rep.by Inspector of Police Thanjavur Taluk Police Station Thanjavur (Crime No.118 of 2016) ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned I Additional District & Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and to consider his bail application on the same day on merits in relating to Crime No.118 of 2016, dated 05.04.2016, on the file of the respondent Police. For Petitioner : Mr.S.Rajaprabu For Respondents : Mrs.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 I Additional District & Sessions Judge (PCR Court), Thanjavur, to consider the bail application of the petitioner on the same day on his surrender in Crime No.118 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), 324 I.P.C., r/w Section 3(1)(r)(s), 3(2)(v-a) of SC/ST (POA) 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.

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 I Additional District & Sessions Judge (PCR Court), Thanjavur, 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.118 of https://hcservices.ecourts.gov.in/hcservices/

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(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The I Additional District & Sessions Judge, (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Thanjavur, Thanjavur District.

3.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

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

+1cc to M/S.S.Rajaprabhu, Advocate in SR.No.24353 Crl.O.P(MD).No.7155 of 2016 27.04.2016 krk PA/NGM-SS/SAR I/28.04.2016/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/