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Madras High CourtCRL OP/17113/2015ordered

Sampath v. The Inspector Of Police

2015-07-09Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.17113 of 2015 Sampath .. Petitioner/Accused.

Vs State rep.by The Inspector of Police, HUDCO Police Station, Krishnagiri District.

.. Respondent/complainant.

[Crime No.417/15] Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Principal Sessions Judge, Krishnagiri to consider the bail application of the petitioner to be filed in Crime No.417 of 2015 on the same day of his surrender. For Petitioner :Mr.A.Balamurugan For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

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, Krishnagiri to consider the bail application of the petitioner to be filed in Crime No.417 of 2015 on the same day of his surrender.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offence under Sections 294(b), 323 of Indian Penal Code, r/w Section 3(x)(xi) of S.C. & S.T Act, (Prevention of Atrocities) Amendment Ordinance, 2014 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 Sessions Judge, Krishnagiri is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.417 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/- Asst. Registrar /true copy/ Sub Asst. Registrar.

dn To 1.The Principal Sessions Judge, Krishnagiri 2.The Public Prosecutor, High Court, Madras.

3. The Inspector of Police, HUDCO Police Station, Krishnagiri District.

+1cc to Mr.A,Balamurugan,Advocate SR.No.34675 Crl.OP No.17113 of 2015 rv[co] gp/20.7.15 https://hcservices.ecourts.gov.in/hcservices/