Madras High CourtCRL OP/11138/2016ordered

Mrs.Muniammal v. State By

2016-05-25Honourable Mr Justice B. Gokuldas(Retd.)2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.GOKULDAS Crl.O.P.No.11138 of 2016 Muniammal ..

Petitioner Vs.

State by:

Inspector of Police, H-3, Maraimalai Nagar Police Station, Kancheepuram District, (Crime No.394 of 2016) ..

Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Hon'ble Principal Sessions Judge at Chengalpet to consider the bail application on merits on the surrender of the Petitioner/Accused in connection with Crime No.394 of 2016 on the file of the respondent police.

For Petitioner : Mr. L.Ramu For Respondent : Mr.K.Prabakar Government Advocate (Crl.side)

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 at Chengalpet, to consider the bail application of the petitioner on the same day on their surrender in Crime No.394/2016 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

B.GOKULDAS,J.

kal/ssd Sections 436, 429, 506(i) IPC r/w Section 3(1)(t) of SC/ST (Prevention of Atrocities) Amendment Act, 2016 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 Principal Sessions Judge at Chengalpet, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.394 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. 26.05.2016 To Inspector of Police, H-3, Maraimalai Nagar Police Station, Kancheepuram District, (Crime No.394 of 2016) Crl.O.P.No.11138 of 2016