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Madras High CourtCRL OP/3991/2016disposed of accordingly

D.Prabhu v. The State Rep By

2016-02-23Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP.No.3991 of 2016 D.Prabhu ..

Petitioner Vs.

The State rep.by Inspector of Police Moranam Police Station Thiruvannamalai District.

Crime No.178 of 2015 ..

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal Sessions Judge, Thiruvannamalai/ The Special Court Thiruvannamalai, Thiruvannamalai District to consider the bail application of the petitioner herein on the everyday of surrender pertaining to the Crime No.178 of 2015 on the file of the Moranam Police Station, Thiruvannamalai District. For Petitioner :Mr.D.Lakshmipathy For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge, Thiruvannamalai/ The Special Court Thiruvannamalai, Thiruvannamalai District to consider the bail application of the petitioner herein on the everyday of surrender pertaining to the Crime No.178 of 2015 on the file of the Moranam Police Station, Thiruvannamalai District.

2. The learned counsel appearing for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(b), 323 IPC and Section 3(1)(x) of SC/ST 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.

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3. Heard the learned Additional Public Prosecutor appearing 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, Thiruvannamalai/ The Special Court Thiruvannamalai, Thiruvannamalai District, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.178 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.

This petition is disposed of accordingly.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar sms/kal To

1. Inspector of Police Moranam Police Station Thiruvannamalai District.

Crime No.178 of 2015.

2. The learned Principal Sessions Judge, Thiruvannamalai/ The Special Court Thiruvannamalai, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.D.Lakshmipathy Advocate sr.11671 Crl.OP.No.3991 of 2016 aa25/02/2016 https://hcservices.ecourts.gov.in/hcservices/