Madras High CourtCRL OP/14383/2016disposed of

G.Kuppan v. The Inspector Of Police

2016-07-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14383 of 2016 G.Kuppan ...

Petitioner Vs The Inspector of Police, Periyapalayam Police Station, Uthukottai Taluk, Thiuruvallur District.

(Cr.No.259 of 2016) ...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned District Principal Sessions Judge, Thiruvallur, to consider the surrender and bail application of the petitioner on the same day in Crime No.259 of 2016 on the file of the respondent. For Petitioner :Mr.D.Arunkumar For Respondent :Mr.A.N.Thambi Durai Addl. Public Prosecutor (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned District Principal Sessions Judge, Thiruvallur, to consider the surrender and bail application of the petitioner on the same day in Crime No.259 of 2016 on the file of the respondent, the petitioner has come up with this petition.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 370 (3)(5) IPC and Section 3(1)(4) of SC/ST Act r/w 9, 16, 17, 18 and 20 of Bonded Labour Systems (Abolition Act) 1976 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.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned 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 District Principal Sessions Judge, Thiruvallur, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.259 of 2016 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 criminal original petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sms To 1.The District Principal Sessions Judge, Thiruvallur.

2.The Inspector of Police, Periyapalayam Police Station, Uthukottai Taluk, Thiuruvallur District.

3.The Public Prosecutor, High Court, Chennai.

+1 cc to Mr.D.Arunkumar Advocate sr.38447 Crl.OP.No.14383 of 2016 aa25/07/2016 https://hcservices.ecourts.gov.in/hcservices/