Justice M.M.Sundresh of the High Court's Madurai Bench said after he surrendered before the lower court,he should file the bail petition and the lower court could consider the case on merit.
O.Raja filed a petition seeking a direction to the lower court to consider his bail plea in a case booked against him under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on the day of surrender itself.
He had applied for anticipatory bail and obtained relief from the High Court on December 18, 2012.
While filing the charge sheet, police also invoked non-bailable provisions under SC/ST Act against the accused. Since courts would not normally grant advance bail in cases booked under the Act, Raja expressed his willingness to surrender before a lower court and pleaded to the High Court to order that a bail application, to be filed by him, be disposed of the same day.
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