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Madras High CourtCRL OP/9096/2017ordered

Mani, M/A 54 Years, v. The State Rep By Its,

2017-05-05Honourable Mr Justice P. Kalaiyarasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.OP.No.9096 of 2017 Mani ... Petitioner Vs State:The Station House Officer Thirukovilur Villupuram District (Cr.No.887 of 2011) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned District Sessions Judge, Villupuram to consider the petitioner's bail application on the same day on merits in respect of Crime No.887 of 2011 on the file of respondent police. For Petitioner :

Mr.P.Tamilavel For Respondent :

Mr.B.Ramesh Babu Government Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the District Sessions Judge, Villupuram, to accept the surrender of the petitioners and consider his bail petition on the same day on merits in respect of Crime No.887 of 2011 on the file of respondent police.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under

Sections 147, 323, 341, 342, 348, 376, 265 of the Indian Penal Code, 1860 r/w Section 3(1)(XII) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 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 (Crl.side) 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 District Sessions Judge (Special Judge of SC/ST Cases) Villupuram District, is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.887 of 2011 pending 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 consider the same in accordance with law on the same day. With this observation, this criminal original petition is disposed of. 05.05.2017 mk Note: Issue order copy on 08.05.2017.

To

1. The District Sessions Judge Villupuram District.

2. The Station House Officer, Thirukovilur, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

P.KALAIYARASAN, J.

mk Crl.O.P.No.9096 of 2017 05.05.2017