A.Sureshkumar, M/29 Years v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20239 of 2018 A.Sureshkumar, .. Petitioner/Accused 7 Vs State represented by The Inspector of Police, Anaikaran Chatram Police Station, Nagapattinam District, Crime No.288 of 2017 .. Respondent/Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned District Sessions Judge, Nagapattinam to consider the petitioners bail application to be filed in Crime No.288 of 2017 on the file of the respondent police on the same day.

For Petitioner : Mr.C.Ramkumar 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 District Sessions Judge, Nagapattinam, to consider the bail application of the petitioner on the same day on his surrender in Crime No.288 of 2017 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, 341, 294(b),323, 324 and 506[ii] of IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST [POA] Amendment 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 Government Advocate 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 SC/ST [POA] Amendment Act that the petitioner cannot move any anticipatory bail, the learned District Sessions Judge, Nagapattinam, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.288 of 2017 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(CCC) //True Copy// Sub Assistant Registrar To 1.The District Sessions Judge, Nagapattinam.

2.The Inspector of Police, Anaikaran Chatram Police Station, Nagapattinam District, Crime No.288 of 2017.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Ramkumar, Advocate sr.no.56947 CRL.OP.No.20239 of 2018 nr 20/08/2018 https://hcservices.ecourts.gov.in/hcservices/