Shanmugam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.10002 of 2015 Shanmugam .. Petitioner Vs.

The Inspector of Police, Avinashi Palayam Police Station, Thirupor District.

(in Crime No.239/2015) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Special Judge for (S.C./S.T.) Atrocities Act, Thiruppur to consider the bail application filed by the petitioner on the same day with Crime No.239 of 2015 on the file of the Inspector of Police, Avinashi Palayam Police Station, Thiruppur District..

For Petitioner :: Mr.C.Ananda Ramani 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 Special Judge for S.C./S.T. (Prevention of Atrocities) Act, Thiruppur to consider the bail application of the petitioner on the same day on his surrender in Crime No.239 of 2015 pending on the file of the respondent.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 341, 294(b), 323 and 506(i) I.P.C., r/w Sections 3(1)(r) & 3 (1) (s), 3(2) V(a) 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.

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 https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Sessions Judge for S.C./S.T. (Prevention of Atrocities) Act, Thiruppur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.239 of 2015 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsm To 1.The Inspector of Police, Avinashi Palayam Police Station, Thirupor District.

2.The Special Court for S.C./S.T.

(Prevention of Atrocities) Act, Thiruppur.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.C.Ananda Ramani ,Advocate, SR.No.21395 Crl. O.P. No.10002 of 2015 ksj(co) pmk.30.4.2015 https://hcservices.ecourts.gov.in/hcservices/