Ekambaram v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16441 of 2015 Ekambaram ... Petitioner Vs.

The Inspector of Police, Gudiyattam Taluk Police Station, Vellore District.(Crime No.257/15) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned District Judge, Vellore, to consider the bail application of the petitioner on the same day in respect of Crime No.257 of 2015 under Sections 341, 294B, 323 IPC read with 3(1)(r)(8) of S.C. & S.T.Act, 1989, on the file of respondent police.

For Petitioner :: M/s.M.Subash Pandiyan For Respondent :: Mr.C.Emalias, Additional Public Prosecutor

O R D E R

Seeking for a direction to the learned District Judge, Vellore, to consider the bail application of the petitioner on the same day in respect of Crime No.257 of 2015 under Sections 341, 294B and 323 IPC read with 3(1)(r)(8) of S.C. & S.T.Act, 1989, on the file of respondent police, the petitioner has come up with this petition. 2.The learned counsel for the petitioner submitted that the petitioner has been implicated in this case for the alleged offences under Sections 341, 294B and 323 IPC read with 3(1)(r)(8) of S.C. & S.T.Act, 1989 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 https://hcservices.ecourts.gov.in/hcservices/

that the petitioner cannot move any anticipatory bail, the learned District Judge, Vellore, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.257 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 Criminal Original Petition is disposed of accordingly.

mps s/dAssistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The District Judge, Vellore 2.The Inspector of Police, Gudiyattam Taluk Police Station, Vellore District.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.P.Vasanth, Advocate SR 33042 ad(co) prk16/7 Crl.O.P.No.16441 of 2015 https://hcservices.ecourts.gov.in/hcservices/