R.Krishnasamy v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.13243 of 2015 R.Krishnasamy ... Petitioner Vs.

1. The State rep. by The Deputy Superintendent of Police, Mangalamedu Circle, Mangalamedu, Veppanthattai Taluk, Perambalur District.

2. The Inspector of Police V.Kalathur Police Station, Veppanthattai Taluk, Perambalur District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge, Perambalur to consider the bail application of the petitioner on the same day concerned in Crime No.157 of 2015, on the file of the Inspector of Police, V.Kalathur Police Station, V.Kalathur, Veppanthattai Taluk, Perambalur District.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Emalias Additional Public Prosecutor

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, Perambalur to consider the bail application of the petitioner on the same day concerned in Crime No.157 of 2015, on the file of the Inspector of Police, V.Kalathur Police Station, V.Kalathur, Veppanthattai Taluk, Perambalur District.

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, 336, 436 of IPC and 3(i)(r)(s) POA SC/ST Amendment Ordinance Act 2014 and 3(1) 08 PDPD Act 1982 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 Additional Public Prosecutor takes notice for the respondents.

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 District and Sessions Judge, Perambalur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.157 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.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ds To

1. The Deputy Superintendent of Police, Mangalamedu Circle, Mangalamedu, Veppanthattai Taluk, Perambalur District.

2. The Inspector of Police V.Kalathur Police Station, Veppanthattai Taluk, Perambalur District.

3. The Principal District and Sessions Judge, Perambalur.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.C.Prabakaran, Advocate, S.R.No.26357 Crl. O.P. No.13243 of 2015 RSI(CO) CA(16/06/2015)