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Madras High CourtCRL OP/14634/2015ordered

Pasupathi v. The Inspector Of Police

2015-06-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14634 of 2015 Pasupathi ... Petitioner Vs State by The Inspector of Police, Umarabath Police Station, Umarabath, Vellore District.

Crime No.151 of 2015 ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge, Vellore to consider the bail application being filed by the petitioner along with his surrender petition on the same day in crime No.151 of 2015 on the file of the Inspector of Police, Umarabath Police Station, Umarabath, Vellore District. For Petitioner : Mr.M.Duraimurugan 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 a direction to direct the Principal Sessions Judge, Vellore to consider the bail application being filed by the petitioner along with his surrender petition on the same day in crime No.151 of 2015 on the file of the Inspector of Police, Umarabath Police Station, Umarabath, Vellore 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 294(b), 324, 506(ii) IPC r/w Sections 3(1) (s), 3(1)(r) of SC/ST (POA) Amendment and Ordinance Act, 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. https://hcservices.ecourts.gov.in/hcservices/

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, Vellore, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.151 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(CO) //True Copy// Sub Assistant Registrar sms To

1. The Inspector of Police, Umarabath Police Station, Umarabath, Vellore District.

Crime No.151 of 2015.

2. The Principal Sessions Judge, Vellore.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Duraimurugan, Advocate, S.R.No.29935 Crl.OP.No.14634 of 2015 SKV(CO) CA(26/06/2015) https://hcservices.ecourts.gov.in/hcservices/