K.Vengadash @ Venkatesan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI CRL.O.P.No.20635 of 2018 K.Vengadash @ Venkatesan .. Petitioner/3rd Accused Vs State rep. by The Inspector of Police, Koradacherry Police Station, Thiruvarur District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal Sessions Judge, Thiruvarur, to consider the petitioner's bail application on the same day of his surrender in connection a case in Crime No.221 of 2018 on the file of the respondent police. For Petitioner : Mr.K.Karuppaiya Mooppanar For Respondent : Mr.C.Raghavan, Govt. Advocate

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, Thiruvarur, to consider the petitioner's bail application on the same day of his surrender in connection a case in Crime No.221 of 2018 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 294(b),324 and 506[ii] of IPC r/w Sections 3(R)(S), 3(2), 3(5)(a) of SC/ST [POA] Amendment Act, 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 Government Advocate takes notice for the respondent.

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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 SC/ST [POA] Amendment Act that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge, Thiruvarur, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.221 of 2018 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar kal To 1.The Principal Sessions Judge, Thiruvarur.

2.The Inspector of Police, Koradacherry Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

CRL.OP.No.20635 of 2018 SR(CO) SP(12/09/2018) https://hcservices.ecourts.gov.in/hcservices/