R.Santhoshkumar v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.10000 of 2015 R.Santhoshkumar .. Petitioner Vs.

State By Station House Officer, Buvanagiri Police Station, Cuddalore (District) Crime No.141/2013 .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Court, Cuddalore, to consider the bail of the petitioner on his surrender on the same day in PRC No.45 of 2013 on the file of the Hon'ble District Munsif cum Magistrate Court, Parangipettai in Crime No.141 of 2013 on the file of the Station House Officer, Buvanagiri Police Station, Cuddalore District.

For Petitioner :: Mr.P.Chandrasekar For Respondent :: Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned Principal Sessions Judge, Cuddalore to consider the bail application of the petitioner on the same day on his surrender in PRC No.45 of 2013 pending on the file of the District Munsif cum Magistrate Court, Parangipettai

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 324 and 506(ii) I.P.C., r/w Section 3(1)(X) of S.C. & S.T. (Prevention of Atrocities) Act 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor takes notice for the respondent.

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 Principal Sessions Judge, Cuddalore is directed to consider the bail application, in the event of the petitioner filing such petition in PRC No.45 of 2009 pending on the file of the District Munsif cum Magistrate Court, Parangipettai 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.

-s/d- Assistant Registrar(Crl.Side) True Copy Sub-Assistant Registrar To

1. The Station House Officer, Buvanagiri Police Station, Cuddalore (District)

2. The Principal Sessions Court, Cuddalore.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.Chandrasekar, Advocate SR 21860 rsi(co) prk11/5 Crl. O.P. No.10000 of 2015 https://hcservices.ecourts.gov.in/hcservices/