Madras High CourtCRL OP/12891/2016allowed

Manimegalai v. The State Rep By Its

2016-06-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.12891 of 2016 Manimegalai ...

Petitioner Vs State rep. by The Inspector of Police, Senthamangalam Police Station, Namakkal District.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge, Namakkal and to consider the bail application on the same day in connection with Crime No.151 of 2016 on the file of the respondent.

For Petitioner :Mr.W.Camyles Gandhi For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal Sessions Judge, Namakkal and to consider the bail application on the same day in connection with Crime No.151 of 2016 on the file of the respondent.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 323, 355 & 392 IPC r/w 3(i) (r) (s) of the SC/ST Act (Prevention of Atrocities) Amendment Ordinance 2015 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 https://hcservices.ecourts.gov.in/hcservices/

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, Namakkal, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.151 of 2016 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 criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Senthamangalam Police Station, Namakkal District.

2.The Principal Sessions Judge, Namakkal.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.W.Camyles Gandhi, Advocate sr.33882 Crl.OP.No.12891 of 2016 vsn[co] srg 21/06/2016 https://hcservices.ecourts.gov.in/hcservices/