Chandhiran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.No.10459 of 2016 Chandhiran .. Petitioner/Accused 2 Vs.

State rep. By The Inspector of Police, Sembanarkovil Police Station, Sembanarkovil Nagapattinam District (Crime No.116/2015) .. Respondent/Complainant.

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned First Additional District Sessions Judge, Thanjavur to accept the surrender of the petitioner herein and consider the Bail Petition concerned in Crime No.116 of 2016 on the file of the Inspector of Police, Sembanarkovil police station, Nagapattinam District on the same day itself.

For Petitioner :: Mr.C.T.Saravanan 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 First Additional District Sessions Judge, Thanjavur to consider the bail application of the petitioner on the same day on his surrender in Crime No.116/2016 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), 324, 354, 506(ii ) of IPC read with 4 of TNPHW Act and Section 3(1)(r), 3(1)(s),3(1) (w)(i) of SC&ST Act (POA) Amendment Ordinance Act 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. https://hcservices.ecourts.gov.in/hcservices/

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 First Additional District Sessions Judge, Thanjavur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.116 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. With this observation, this petition is disposed of accordingly.

s/d- Assistant Registrar/Vacation Officer True Copy Sub-Assistant Registrar To

1. The I Additional District and Sessions Judge, Thanjavur.

2. The Inspector of Police, Sembanarkovil Police Station, Sembanarkovil Nagapattinam District 3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.T.Saravanan, Advocate SR 28161 rk(co) prk6/5 Crl. O.P. No.10459 of 2016 https://hcservices.ecourts.gov.in/hcservices/