Madras High CourtCRL OP/13680/2015ordered

R.Kanthasami v. The Inspector Of Police

2015-06-05Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.13680 of 2015 R.Kanthasami .. Petitioner Vs State rep.by The Inspector of Police, Nambiyur Police Station, Erode District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Principal Sessions Judge, Erode to consider the bail application of the petitioner in Crime No.11 of 2015 on the file of the respondent Police, an the same day of surrender. For Petitioners :Mr.V.P.Sengottuvel For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the Principal Sessions Judge, Erode to consider the bail application of the petitioner in Crime No.11 of 2015 on the file of the respondent Police.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offence under Section 294(b) of Indian Penal Code, r/w Sections 3 (1)(r) and (s) of S.C. & S.T Act, 1989 and SC/ST (Prevention of Atrocities) Amendment Ordinance, 2014 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 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, Erode is directed to consider the bail application, in the event of the petitioner https://hcservices.ecourts.gov.in/hcservices/

filing such petition in Crime No.11 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 True Copy Sub Assistant Registrar To 1.The Principal Sessions Judge, Erode.

2.The Inspector of Police, Nambiyur Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.v.P.Sengottuvel, Advocate,SR.27153. Sv(co) krd 22/6 Crl.OP No.13680 of 2015 https://hcservices.ecourts.gov.in/hcservices/