Madras High CourtCRL OP(MD)/7224/2016ordered

Rajkumar v. The Deputy Superindent

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.7224 of 2016 Rajukumar ... Petitioner vs.

The Deputy Superintendent of Police Thiruvaiyathur Police Station Thanjavur District ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned I Additional District and Sessions Judge (PCR), Thanjavur, to accept his surrender and to consider the bail application to be filed by the petitioner on the same day on merits in Crime No.412 of 2013, on the file of the respondent Police.

For Petitioner : Mr.A.Arun Prasad For Respondent : 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 I Additional District and Sessions Judge (PCR), Thanjavur, to consider the bail application of the petitioner on the same day on his surrender in Crime No.412 of 2013, 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 147, 148, 294(B), 323, 324 I.P.C., r/w Section 3(I)(X) of S.C. & S.T. 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 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 petitioner cannot move any anticipatory https://hcservices.ecourts.gov.in/hcservices/

bail, the learned I Additional District and Sessions Judge (PCR), 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.412 of 2013, 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(AE) /True copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai.

krk To 1.The I Additional District and Sessions Judge (PCR), Thanjavur.

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

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

+1 cc to Mr.A.Arun Prasad, Advocate Sr No.24437 rg.JGB-DP/AR-I 28.04.2016 2P/5C Crl.O.P(MD).No.7224 of 2016 27.04.2016 https://hcservices.ecourts.gov.in/hcservices/