Ajith Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.15951 of 2015 Ajith Kumar .. Petitioner Vs.

The State rep by its The Inspector of Police, Koradacheri Police Station, Tiruvarur District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to pass an direction, directing the learned District and Sessions Judge, Tiruvarur, Tiruvarur District to consider the bail petition of the petitioner in Crime No.214 of 2015 on the same day on merits.

For Petitioner :: Mr.J.Vincent Kumar 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 District and Sessions Judge, Tiruvarur, to consider the bail petition of the petitioner on the same day of his surrender in Crime No.214 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 offences under Sections 147, 294(b),323, 506(i) IPC 23(1) of PPDL Act r/w 3(1)(5), 3(2) (Va) of SC/ST(POA) Amendment 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 bail, the learned Principal District and Sessions Judge, Tiruvarur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.214 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.

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

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ds To 1.The Inspector of Police, Koradacheri Police Station, Tiruvarur District.

2.The Principal District and Sessions Judge Tiruvarur.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr. J.Vincent Kumar, Advocate Sr.No.32015 Crl. O.P. No.15951 of 2015 nm(co) pmk.30.6.2015 https://hcservices.ecourts.gov.in/hcservices/