Madras High CourtCRL OP/17785/2015allowed

Selvaraj v. The Inspector Of Police

2015-07-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17785 of 2015 Selvaraj ...

Petitioner/Accused.

Vs State by, The Inspector of Police Kannai Police Station, Villupuram District.

(Crime No.166/2015) ...

Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District and Session Judge, Villupuram, to consider the Bail application of the petitioner on the same day in the event of his surrender in Crime No.166 of 2015 on the file of the respondent police. For Petitioner :Mr.R.Muthamizh For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the learned Principal District and Session Judge, Villupuram, to consider the bail application of the petitioner on the same day in the event of his surrender in Crime No.166 of 2015 on the file of the respondent police, the petitioner has come up with this petition.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

3.The learned counsel for the petitioner submitted that the petitioner has been implicated in this case for the alleged offences under Sections 294B, 324, 323 and 506(i) IPC read with 3(1)(r) and (s) (POA) Act, Amendment Ordinance Act, 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.

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4.The learned Additional Public Prosecutor takes notice for the respondent.

5.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 Session Judge, Villupuram, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.166 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. mps s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Principal District and Session Judge, Villupuram.

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

(Crime No.166/2015)

3. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.R.Muthamizh, Advocate SR 36276 rv(co) prk22/7 Crl.OP.No.17785 of 2015 https://hcservices.ecourts.gov.in/hcservices/