Mr. Prabakaran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18551 of 2015 Prabakaran

...Petitioner/Accused

Vs.

State rep. By Inspector of Police, Valavanur Police Station, Villupuram District.

Crime No.707 of 2015

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge, Villupuram (Special Judge for SC/ST Act cases) to consider the bail application on the same day of his surrender in connection with Crime No.707 of 2015 on the file of the respondent Police. For Petitioners :

Mr.A.V.B.Krishnakanth 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 Sessions Judge, Villupuram (Special Judge for SC/ST Act cases) to consider the bail application on the same day of his surrender in connection with Crime No.707 of 2015 on the file of the respondent Police.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 324, 506(ii) of I.P.C., r/w 3(1) (ii)of S.C. & S.T. (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. https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Villupuram (Special Judge for SC/ST Act cases) is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.707 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(CO) //True Copy// Sub Assistant Registrar ds To

1. Inspector of Police, Valavanur Police Station, Villupuram District.

2. The Principal Sessions Judge, Villupuram (Special Judge for SC/ST Act cases)

3. The Public Prosecutor, High Court, Madras.

1 CC to Mr.A.V.B.Krishnakanth, Advocate SR.No. 37303 Crl. O.P. No.18551 of 2015 SCD (CO) PSI (27.07.2015) https://hcservices.ecourts.gov.in/hcservices/