Madras High CourtCRL OP/10117/2016disposed of

Thangamani v. State Rep By

2016-05-04Honourable Mr Justice P. Kalaiyarasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.No.10117 of 2016 Thangamani ... Petitioner Vs.

State represented by Sub Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.

Crime No.154 of 2016 ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge at (Special Judge for SC/ST Act) Thiruvannamalai to consider his bail application on the same day in connection with in Crime No.154 of 2016 on the file of the respondent herein upon surrender of the petitioner before them. For Petitioner : Mr.R.Balakrishnan 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 at (Special Judge for SC/ST Act), Thiruvannamalai to consider the bail application of the petitioner on the same day on his surrender in Crime No.154 of 2016 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 294(b), 323 of I.P.C. and r/w 3(1)(S) of SC/ST Act, 2014 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 Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge at (Special Judge for SC/ST Act), Thiruvannamalai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.154 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

5.With the above observation, this petition is disposed of. 05.05.2016 pri Index: Yes/ No Internet: Yes/No

To 1.The Principal Sessions Judge at (Special Judge for SC/ST Act) Thiruvannamalai.

2.The Sub Inspector of Police, Veraiyur Police Station, Thiruvannamalai District.

Crime No.154 of 2016 3.The Public Prosecutor, High Court, Madras.

P.KALAIYARASAN,J.

pri Crl.O.P.No.10117 of 2016 05.05.2016