Stalin Vs. State Represented by The Sub-Inspector of Police, Madurai District

Stalin vs State Represented by The Sub-Inspector of Police, Madurai District

Type Court Judgment Court Chennai Madurai Decided Jul 01, 2016

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https://sooperkanoon.com/case/1190074

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Citation: sooperkanoon.com/1190074
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. 10788 of 2016
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Stalin

Respondent

State Represented by The Sub-Inspector of Police, Madurai District

Excerpt

.....crime no.498 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 341, 294(b) and 506(i) ipc and r/w section 3(2)(v-a) of sc/st (poa) amendment ordinance act, 2014 in crime no.498 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. 3. according to the case of the prosecution, the defacto complaint is stated to have been abused and assaulted using hands. 4. learned government advocate (crl.side) takes notice for the respondents and submits that nobody sustained injury in the occurrence and that major part of the investigation is over. 5. 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 (special pcr court), madurai district within ten days from the date of receipt of a copy of this order. on such surrender, the learned iii additional sessions judge (special pcr court), madurai district 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.498 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.

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 (Special PCR Court), Madurai District to consider his bail application filed by the petitioner on the same day of surrender in Crime No.498 of 2016 on the file of the respondent police.)

1. This petition has been filed, seeking to direct the learned III Additional Sessions Judge (Special PCR Court), Madurai District to consider his bail application filed by the petitioner on the same day of surrender in Crime No.498 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 341, 294(b) and 506(i) IPC and r/w Section 3(2)(V-a) of SC/ST (PoA) Amendment Ordinance Act, 2014 in Crime No.498 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.

3. According to the case of the prosecution, the defacto complaint is stated to have been abused and assaulted using hands.

4. Learned Government Advocate (Crl.Side) takes notice for the respondents and submits that nobody sustained injury in the occurrence and that major part of the investigation is over.

5. 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 (Special PCR Court), Madurai District within ten days from the date of receipt of a copy of this order. On such surrender, the learned III Additional Sessions Judge (Special PCR Court), Madurai District 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.498 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.

Same Court & Year Chennai Madurai · 2016 Same Parties Stalin vs State Represented by The Sub-Inspector of Police, M... Same Subject Criminal Same Judge The Honourable Dr.(Mrs.) Justice S. Vimala