Madras High CourtCRL OP(MD)/7425/2016disposed of

Arumugam v. The Inspector Of Police

2016-04-29Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD).No.7425 of 2016 Arumugam ... Petitioner -vsState represented through The Inspector of Police M.Kallupatti Police Station Madurai District (Crime No.35 of 2016) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Civil Procedure, directing the learned 3rd Additional District and Sessions Court (PCR), Madurai to consider the bail application of the petitioner/accused on the same day in Crime No.35 of 2016 on the file of the respondent police station. For Petitioner : Mr.R.Karunanidhi For Respondents : Mrs.S.Prabha Government Advocate (Crl.side)

ORDER

This criminal original petition has been filed for a direction to direct the learned 3rd Additional District and Sessions Court (PCR), Madurai to consider the bail application of the petitioner/accused on the same day in Crime No.35 of 2016 on the file of the respondent police station.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 506(ii) I.P.C., r/w Section 4 of TNWH Act r/w Section 3(2)(v)(a) of S.C. & S.T. Amendment 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 (Crl. Side) takes notice for the respondent.

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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 3rd Additional District and Sessions Court (PCR), Madurai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.35 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 /True Copy/ Sub Assistant Registrar To

1. The 3rd Additional District and Sessions Judge, PCR Court, Madurai.

2. The Inspector of Police M.Kallupatti Police Station Madurai District

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

+ 1 CC TO MR.R.KARUNANIDHI, ADVOCATE IN SR NO. 25427 RR TE/GSV/SAR-I : 13/05/2016 : 2P/5C Crl.O.P.(MD).No.7425 of 2016 29.04.2016 https://hcservices.ecourts.gov.in/hcservices/