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Madras High CourtCRL OP/15544/2015ordered

Idi Kumar @ Kumar v. The Inspector Of Police

2015-06-25Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.15544 of 2015 Idi Kumar @ Kumar ...

Petitioner Vs The State, represented by the Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to pass an order of direction directing the learned District and Sessions Judge, Tiruvannamalai to accept the surrender of the petitioner in Crime No.407 of 2015 on the file of the respondent police and consider the Bail application and to pass order on the same day itself.

For Petitioner :Ms.M.Ezhilarasi 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 learned District and Sessions Judge, Tiruvannamalai to accept the surrender of the petitioner in Crime No.407 of 2015 on the file of the respondent police and consider the Bail application and to pass order on the same day itself.

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, 352, 506(i) of IPC r/w.3(1)(r) of the SC/ST (PA) Act, 1989 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.

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 https://hcservices.ecourts.gov.in/hcservices/

bail, the learned District and Sessions Judge, Tiruvannamalai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.407 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.

5. With this observation, this petition is disposed of accordingly.

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

2. The District and Sessions Judge, Tiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.M.Ezhilarasi, Advocate,SR.31095. Sai(co) krd 29/6 Crl.OP.No.15544 of 2015 https://hcservices.ecourts.gov.in/hcservices/