Madras High CourtCRL OP/20027/2018disposed of

G.Baskar, Aged 40 Years, v. State Rep. By

2018-08-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20027 of 2018 G.Baskar .. Petitioner Vs The State rep. by Inspector of Police, Sivagiri Police Station, Erode District.

Crime No.167 of 2018 .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal District and Sessions Judge, Erode to consider his bail application on the same day on surrender of the petitioner in Cr.No.167/2018 on the file of the respondent Police.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.C.Raghavan, Govt. Advocate

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 District and Sessions Judge, Erode, to consider the bail application of the petitioner on the same day on his surrender in Crime No.167 of 2018 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 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST [POA] Amendment Act, 2015 r/w Section 506 [i] IPC 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 Government Advocate takes notice for the respondent.

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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 SC/ST [POA] Amendment Act that the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Erode is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.167 of 2018 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar gya To 1.The Principal District and Sessions Judge, Erode.

2.The Inspector of Police, Sivagiri Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.S.SARAVANAN, Advocate, S.R.No. 56151 CRL.OP.No.20027 of 2018 TR(14/08/2018) https://hcservices.ecourts.gov.in/hcservices/