Cable Raja 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.16038 of 2015 Cable Raja .. Petitioner Vs.

The State rep by Inspector of Police, Mallasamuthiram Police Station, Namakkal District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge, Namakkal to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.110 of 2015 on the file of the respondent.

For Petitioner :: Mr.C.S.Saravanan 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 learned Principal District and Sessions Judge, Namakkal to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.110 of 2015 on the file of the respondent.

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, 323, 294(b) IPC r/w 3(1)(S) of SC/ST (POA) Act 1987 and that in view of the 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, Namakkal is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.110 of 2015 on the file of the respondent police, and dispose of the same on merits and in https://hcservices.ecourts.gov.in/hcservices/

accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

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

2.The Principal District and Sessions Judge Namakkal.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr. C.S.Saravanan, Advocate Sr.No.32044 Crl. O.P. No.16038 of 2015 nm(co) pmk.1.7.2015 https://hcservices.ecourts.gov.in/hcservices/