Madras High CourtCRL OP/10663/2015ordered

Rajesh v. The State Rep. By

2015-04-24Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.10663 of 2015 Rajesh .. Petitioner Vs.

The State Rep. by The Inspector of Police, Marakkanam Police Station, Marakkanam, Villupuram District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge cum Special Judge (PCR Court) Villupuram to consider and dispose of the bail application of the petitioner on the same day on merits in Crime No.18 of 2015 on the file of the respondent police.

For Petitioner :: Mr.G.Pugazhenthi 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 cum Special Judge (PCR Court) Villupuram to consider the bail application of the petitioner on the same day on his surrender in Crime No.18 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 147, 148, 294(b), 323 and 506(ii) I.P.C., r/w Sections 3(1)(r)(s) 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.

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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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge cum Special Judge (PCR Court) Villupuram is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.18 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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vsm To 1.The Inspector of Police, Marakkanam Police Station, Marakkanam, Villupuram District.

2.The Principal Sessions Judge cum Special Judge (PCR Court) Villupuram.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.G. Pugazhenthi, Advocate, Sr. 22681 Crl. O.P. No.10663 of 2015 VD (CO) kk 27/4 https://hcservices.ecourts.gov.in/hcservices/