Sathish @ Syes @ Iyyanar v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16236 of 2015 Sathish @ Syes @ Iyyanar .. Petitioner Vs.

1.The Deputy Superintendent of Police, Ulundurpet, Villupuram District.

2.The Inspector of Police, Thirunavalur Police Station, Villupuram District.

Crime No.62 of 2012 .. Respondents 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, Special Court for SC/ST Act cases, Villupuram, Villupuram District to accept the surrender of the above named petitioner herein in P.R.C.No.28 of 2012 on the file of Judicial Magistrate No.II, Ullunthurpet, Villupuram District in Crime No.62 of 2012 on the file of Inspector of Police, Thiurnavalur Police Station, Villupuram District and consider their bail petition on the same day itself.

For Petitioner :: Mr.M.R.Jothimanian For Respondents :: 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, Special Court for SC/ST Act cases, Villupuram, Villupuram District to consider the bail application of the petitioner on the same day on his surrender in P.R.C.No.28 of 2012 on the file of Judicial Magistrate No.II, Ulundurpet, Villupuram District in Crime No.62 of 2012 on the file of Inspector of Police, Thiurnavalur Police Station, Villupuram District.

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, 448, 294(b), 323, 379 and 506(ii) IPC r/w. Section 3(i)(x) of S.C. & S.T. (Prevention of Atrocities) Act https://hcservices.ecourts.gov.in/hcservices/

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 respondents.

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, Special Court for SC/ST Act cases, Villupuram, Villupuram District is directed to consider the bail application, in the event of the petitioner filing such petition in P.R.C.No.28 of 2012 on the file of Judicial Magistrate No.II, Ullundurpet, Villupuram District in Crime No.62 of 2012 on the file of Inspector of Police, Thiurnavalur Police Station, Villupuram District, 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 Deputy Superintendent of Police, Ulundurpet, Villupuram District.

2.The Inspector of Police, Thirunavalur Police Station, Villupuram District.

3.ThePrincipal Sessions Judge, Special Court for SC/ST Act cases, Villupuram, Villupuram District .

4.The Public Prosecutor, High Court, Madras.

1 cc to Mr.M.R.Jothimanian , Advocate Sr.No.32534 Crl. O.P. No.16236 of 2015 mp(co) pmk.3.7.2015 https://hcservices.ecourts.gov.in/hcservices/