Madras High CourtCRL OP(MD)/8589/2016disposed of

P. Nagu @ Nagarethinam v. The Inspector Of Police

2016-06-13Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.8589 of 2016 P.Nagu @ Nagarethinam ... Petitioner/A1 -vsThe Inspector of Police, Astinpatti Police Station, Madurai District.

(Crime No.269/2016) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 3rd Additional District Judge-cum- PCR Court, Madurai to consider the bail application filed by the petitioner on the same day of his surrender in Cr.No. 269 of 2016 on the file of the respondent police.

For Petitioner : Mr.V.K.Saravanan For Respondent : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed, seeking to direct the 3rd Additional District Judge-cum- PCR Court, Madurai to consider the bail application filed by the petitioner on the same day of his surrender in Cr.No. 269 of 2016 on the file of the respondent police.

2. Learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 342, 294(b), 323, 324 and 506(i) IPC and Section 3(1)(va) of SC/ST (PoA) Amendment Act, 2015 in Crime No.269 of 2016 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. He further submits that co-accused in this case have been granted the relief by this Court.

3. Learned Government Advocate (Crl.Side) takes notice for the respondent and submits that the injured has 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot move any anticipatory bail, the learned 3rd Additional District Judge-cum- PCR Court, Madurai 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.269 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(AS) /True Copy/ Sub Assistant Registrar.

To:

1. The 3rd Additional District Judge- cum- PCR Court, Madurai

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

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

+1CC to M/S.V.K.Saravanan, Advocate, SR.No. 29830 Crl.O.P.(MD) No.8589 of 2016 13.06.2016 ar AM/GSV.PM/SAR-III/13.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/