M.Sakthivel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18066 of 2015 M.Sakthivel .. Petitioner(Accused) Vs.

State by The Inspector of Police, Paaparapatty Police Station, Dharmapuri District, Crime No.102 of 2014.

.. Respondent(Complainant) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District Judge (PDJ), Dharmapuri to consider the bail petition filed by the petitioner on the very same day in Crime No.102 of 2014, on the file of the Inspector of Police, Paaparapatty Police Station, Dharmapuri District.

For Petitioner :: Mr.S.Silambu Selvan For Respondent :: Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned Principal District Judge (PDJ), Dharmapuri to consider the bail petition filed by the petitioner on the very same day in Crime No.102 of 2014, on the file of the Inspector of Police, Paaparapatty Police Station, Dharmapuri District.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294, 323, 506(i) I.P.C., 3(1)(X) of SC/ST 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.

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 Judge (PDJ), Dharmapuri is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.102 of 2014, on the https://hcservices.ecourts.gov.in/hcservices/

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 ds To 1.The Principal District Judge, Dharmapuri.

2.The Inspector of Police, Paaparapatty Police Station, Dharmapuri District, 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.S.Silambu Selvam, Advocate Sr.No.36598/15 Crl. O.P. No.18066 of 2015 br(co) pmk.22.7.2015 https://hcservices.ecourts.gov.in/hcservices/