R.Kandasami v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16125 of 2015 R.Kandasami .. Petitioner Vs.

State rep. By Inspector of Police, Nambiur Police Station, Erode District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction directing the learned Principal Sessions Judge, Erode to consider the bail application of the petitioner herein in Crime No.11 of 2015 on the file of the respondent police, on the same day of their surrender. For Petitioner :: Mr.S.Parthasarathy 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 the learned Principal Sessions Judge, Erode to consider the bail application of the petitioner on the same day on his surrender in Crime No.11/2015 pending 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 294(b) IPC r/w. Section 3(1)(r) and (s) of S.C. & S.T. (Prevention of Atrocities) Act 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 Sessions Judge, Erode is directed to https://hcservices.ecourts.gov.in/hcservices/

consider the bail application, in the event of the petitioner filing such petition in Crime No.11 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 //True Copy// Sub Assistant Registrar vsm To 1.The Inspector of Police, Nambiur Police Station, Erode District.

2.The Principal Sessions Judge, Erode.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Parthisarathy, Advocate SR.32652 Crl. O.P. No.16125 of 2015 VD(CO) Eu 06.07.15 https://hcservices.ecourts.gov.in/hcservices/