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Madras High CourtCRL OP/16513/2015ordered

Selvam v. State Rep. By

2015-07-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16513 of 2015 Selvam

...Petitioner

Vs.

State rep.by The Inspector of Police, F5, Marakkanam Police Station, Tindivanam.

...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 (Special Court for SC/ST Act Cases), Villupuram District, to accept the surrender of the petitioner in Crime No.195 of 2015 on the file of respondent police and consider the bail application on the same day.

For Petitioner : Mr.K.P.P.Rajarajachozhan For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

Seeking for a direction to the learned Principal District and Sessions Judge (Special Court for SC/ST Act Cases), Villupuram District, to accept the surrender of the petitioner in Crime No.195 of 2015 on the file of respondent police and consider the bail application on the same day, 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 147, 148, 294B, 323 and 506(ii) IPC read with 3(1)(x) of the SC/ST Act and Section 3 of PPDL 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.

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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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge (Special Court for SC/ST Act Cases), Villupuram District, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.195 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(CS-III) //True Copy// Sub Assistant Registrar mps To 1.The Principal District and Sessions Judge (Special Court for SC/ST Act Cases), Villupuram District.

2.The Inspector of Police, F5, Marakkanam Police Station, Tindivanam.

3.The Public Prosecutor, High Court, Chennai.

1 CC to Mr.K.P.P.Rajarajachozhan, Advocate SR.No. 33225 Crl.O.P.No.16513 of 2015 TS (CO) PSI (06.07.2015) https://hcservices.ecourts.gov.in/hcservices/