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2012 DIGILAW 4436 (MAD)

Viswa @ Vinayagam v. State Represented by The Inspector of Police, Villupuram District

2012-10-25

M.VENUGOPAL

body2012
Judgment 1. The Petitioner seeks a direction to the Learned Principal Sessions Judge, Villupuram to release the Petitioner on bail, on the same day in the event of his surrender and filing bail application in Crime No.462 of 2012 on the file of the Roshanai Police Station, Roshanai, Villupuram District. 2. The Petitioner is charged for offence under Sections 147, 148, 323, 324, 307 I.P.C read with 3 (i)(x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The axiomatic principle in law that as per Section 18 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the petition for anticipatory bail is not per se maintainable. As such the Petitioner is constrained to approach this Court by means of filing the present direction petition. 4. Considering the limited prayer made by the Petitioner/A5, this Court on the basis of Equity, Fair Play and even as a matter of prudence directs the Petitioner to file appropriate bail application before the Learned Principal Sessions Judge, Villupuram on his surrender in Crime No.462 of 2012 and it is open to the Learned Principal Sessions Judge, Villupuram to dispose of the said bail application (if filed) preferably on the same day itself, in the manner known to law and in accordance with law. 5. With the above direction, the Criminal Original Petition is disposed of.