Madras High CourtCRL OP/14104/2015closed

Hari v. The Inspector Of Police

2015-06-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.14104 of 2015 Hari ..

Petitioner Vs.

State by its Inspector of Police Anakkavur Police Station, Anakkavur, Thiruvannamalai District.

(Crime No.22 of 2010) ..

Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge (Special Judge for SC/ST Act) at Thiruvannamalai, Thiruvannamalai District to consider the Petitioner's bail application on the same day on their surrender in Crime No.22 of 2010 pending on the file of the Inspector of Police, Anakkavur Police Station, Anakkavur, Thiruvannamalai District. For Petitioner :: Mr.K.G.Senthilkumar For Respondent :: 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 direct the Principal Sessions Judge (Special Judge for SC/ST Act) at Thiruvannamalai, Thiruvannamalai District to consider the Ptitioner's bail application on the same day on their surrender in Crime No.22 of 2010 pending on the file of the Inspector of Police, Anakkavur Police Station, Anakkavur, Thiruvannamalai 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, 323, 324, 307 IPC r/w 3(i)(x) of SC/ST 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.

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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 (Special Judge for SC/ST Act) at Thiruvannamalai, Thiruvannamalai District, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.22 of 2010 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.

sms/ds s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. Inspector of Police Anakkavur Police Station, Anakkavur, Thiruvannamalai District.

(Crime No.22 of 2010)

2. The Principal Sessions Judge (Special Judge for SC/ST Act) Thiruvannamalai, Thiruvannamalai District

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.G.Senthil Kumar, Advocate SR 27775 tm(co) prk23/6 Crl.O.P.No.14104 of 2015 https://hcservices.ecourts.gov.in/hcservices/