This application has been filed seeking a direction to the Court, which is dealing with the SC/ST Act cases to consider the bail application on the day of surrender itself.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl. Side) for the 1st & 2nd respondents.
3.The petitioner is arrayed as accused in Crime No.42/2010 in respect of the offences under Sections 147, 148, 387, 420, 506 (ii) of IPC read with 3(1)(x) of SC/ST (POA) Act 1989 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.
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 II Additional Sessions Court (Special Court Constituted under SC/ST (POA) Act, 1989, 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.42/2010 on the file of the respondent police and dispose of the same on merits and in accordance with law on the same day.
5.This petition is disposed of accordingly.
To
1.The II Additional Sessions Court, Madurai,
2.The Deputy Superintendent of Police, Tirunelveli Rural, Tirunelveli District.
3.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.