Madras High CourtCRL OP/11238/2016ordered

Manivel v. The Inspector Of Police

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.11238 of 2016 Manivel ..

Petitioner Vs.

The State Rep.by Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District.

Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction to direct the Learned Principal and District Judge, Tiruvannamalai to consider the bail application of the petitioner on his surrender before the court on the same day on merits in accordance with law in connection with Crime No.343 of 2016 pending investigation on the file of the respondent.

For Petitioner : Mr. K.T.S.Sivakumar 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 and District Judge, Tiruvannamalai, to consider the bail application of the petitioners on the same day on their surrender in Crime No.343/2016 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 147, 148, 294(b), 323, 324, 307 IPC and Section r/w 3(i)(r), 3(i)(s), B.GOKULDAS,J.

kal/ssd 3(i) (c) of SC/ST (Prevention of Atrocities Act,) Amendment Ordinance, 2016 and that in view of the specific bar under Section 18 of the said Act, the petitioners 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 respondents and he further submits that injured has been discharged from the hospital.

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 and District Judge, Tiruvannamalai, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No. 343 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, Arani Taluk Police Station, Tiruvannamalai District.

Crl.O.P.No.11238 of 2016