Madras High CourtCRL OP/11654/2016disposed of

Ananthappa v. The State Rep By

2016-06-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.11654 of 2016 Ananthappa .. Petitioner Vs The State rep by The Inspector of Police, Thally Police Station, Krishnagiri District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application of the petitioner in Crime No.144 of 2016 on the file of the respondent.

For Petitioner : Mr.M.Sivakumar For Respondent : Mr.C.Emalias, APP

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 District and Sessions Judge, Krishnagiri [Spl. Judge for SC & ST Act] to consider the bail application of the petitioner on the same day on his surrender in Crime No.144 of 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 3[i][xi] of SC & ST [Prevention of Atrocities] Act, 1989 r/w 506[i] of IPC @ Section 3[i][r][s] [v-a] of SC & ST [Prevention of Atrocities] Act, 1989 r/w 354, 506[ii] of IPC and Section 4 of Women Harassment 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor takes notice for the respondent and submitted that this petitioner is A2 and A1 has been arrested.

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 [Prevention of Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Krishnagiri [Spl. Judge for SC & ST Act] is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.144 of 2016 on the file of the respondent police and dispose of the same on merits, in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

gya s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Principal District and Sessions Judge, Krishnagiri.

2.The Inspector of Police, Thally Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Sivakumar, Advocate SR 30355 sns(co) prk8/6 CRL.OP.No.11654 of 2016 https://hcservices.ecourts.gov.in/hcservices/