Prabhu Vs. The Deputy Superintendent of Police, Madurai District and Another

Prabhu vs The Deputy Superintendent of Police, Madurai District and Another

Type Court Judgment Court Chennai Madurai Decided Jul 01, 2016

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https://sooperkanoon.com/case/1190073

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Citation: sooperkanoon.com/1190073
Court: Chennai Madurai High Court
Judge: The Honourable Dr.(Mrs.) Justice S. Vimala
Decided On: Jul 01, 2016
Case Number: Crl.O.P.(MD)No. 10715 of 2016
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Prabhu

Respondent

The Deputy Superintendent of Police, Madurai District and Another

Excerpt

.....court, madurai to consider the bail application filed by the petitioner on the same day in crime no.361 of 2015 on the file of the respondent. 2. learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under sections 341, 294(b) and 323 ipc and r/w section 3(1)(x) of sc/st act in crime no.361 of 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. 2. the allegation in the complaint is that the defacto complainant was beaten by hands. 3. learned government advocate (crl.side) takes notice for the respondents and submits that 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. and s.t. (prevention of atrocities) act that the petitioner is directed to surrender before the learned iii additional sessions judge-cum-pcr court, madurai within ten days from the date of receipt of a copy of this order. on such surrender, the learned iii additional sessions judge-cum-pcr court, madurai is directed to accept his surrender of the petitioner and consider his bail application, in the event of the petitioner filing such petition in crime no.361 of 2015 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.

Full Judgment

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional Sessions Judge-cum-PCR Court, Madurai to consider the bail application filed by the petitioner on the same day in Crime No.361 of 2015 on the file of the respondent.)

1. This petition has been filed, seeking to direct the learned III Additional Sessions Judge-cum-PCR Court, Madurai to consider the bail application filed by the petitioner on the same day in Crime No.361 of 2015 on the file of the respondent.

2. Learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 341, 294(b) and 323 IPC and r/w Section 3(1)(x) of SC/ST Act in Crime No.361 of 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.

2. The allegation in the complaint is that the defacto complainant was beaten by hands.

3. Learned Government Advocate (Crl.Side) takes notice for the respondents and submits that 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. and S.T. (Prevention of Atrocities) Act that the petitioner is directed to surrender before the learned III Additional Sessions Judge-cum-PCR Court, Madurai within ten days from the date of receipt of a copy of this order. On such surrender, the learned III Additional Sessions Judge-cum-PCR Court, Madurai is directed to accept his surrender of the petitioner and consider his bail application, in the event of the petitioner filing such petition in Crime No.361 of 2015 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.

Same Court & Year Chennai Madurai · 2016 Same Parties Prabhu vs The Deputy Superintendent of Police, Madurai Distri... Same Subject Criminal Same Judge The Honourable Dr.(Mrs.) Justice S. Vimala