Anandaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.19016 of 2015 Anandaraj .. Petitioner/Accused.

Vs.

State rep. By The Station House Officer, Gingee Police Station, Villupuram District.

.. Respondent/Complainant.

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the District and Sessions Court, Villupuram [Spl. Judge for SC & ST Act] to consider their surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.364 of 2015 on the file of the respondent police.

For Petitioner : Mr.V.R.Appaswamee For Respondent : Mr.C.Emalias, APP

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 District and Sessions Judge, Villupuram [Spl. Judge for SC & ST Act] to consider the bail application of the petitioner on the same day on his surrender in Crime No.364 of 2015 pending on the file of the respondent.

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], 323, 324, 498[A], 307 I.P.C., r/w 3 [1][x], 3[2][v-a] of SC & ST [Prevention of Atrocities] 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.

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

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 SC & ST [Prevention of Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned District and Sessions Judge, Villupuram [Spl. Judge for SC & ST Act] is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.364 of 2015 on the file of the respondent police, and dispose of the same on merits and in accordance with law.

With this observation, this petition is disposed of accordingly. gya -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The District and Sessions Judge, Villupuram [Spl. Judge for SC & ST Act] 2.The Station House Officer, Gingee Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.V.R.Appaswamee, Advocate SR 40055 bvr(co) prk6/8 CRL.OP.No.19016 of 2015 https://hcservices.ecourts.gov.in/hcservices/