Madras High CourtCRL OP/17647/2015ordered

Punitha v. The Inspector Of Police

2015-07-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17647 of 2015 Punitha ...

Petitioner Vs State, Rep.by the Inspector of Police, Idapadi Police Station, Salem District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Special Court/Principal Sessions Court, Salem to consider the petitioners' bail petition on the same day on their surrender before the court in connection with the case in Crime No.326 of 2015 on the file of the respondent police.

For Petitioner :Mr.T.N.Rangesh Kanna For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Special Court/Principal Sessions Court, Salem to consider the petitioners' bail petition on the same day on their surrender before the court in connection with the case in Crime No.326 of 2015 on the file of the respondent police.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 323, 342, 506(i) of the Indian Penal Code and Section 3(i)(x) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) 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.

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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 Special Court/Principal Sessions Court, Salem, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.326 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 True Copy Sub Assistant Registrar sms To 1.The Inspector of Police, Idapadi Police Station, Salem District.

2.The Special Court/Principal Sessions Court, Salem.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.T.N.Rangesh Kanna , Advocate Sr.No.35992 Crl.OP.No.17647 of 2015 TEJ(CO) PMK.28.7.2015 https://hcservices.ecourts.gov.in/hcservices/