Madras High CourtCRL OP/14762/2016closed

T.Kumar v. The State Rep.By

2016-07-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14762 of 2016 T.Kumar ...

Petitioner/Accused Vs The State rep.by its The Inspector of Police, Sankarapuram Police Station, Villupuram District, (Crime No.649/2012) ... Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal Sessions Judge, Villupuram to accept the petitioner surrender and allowed to them for file bail petition and same day consider bail in connection with Crime No.649 of 2012 dated 12.08.2012 on the file of the respondent police. For Petitioner :Mr.E.C.Ramesh For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal Sessions Judge, Villupuram to accept the petitioner's surrender and allowed to him for file bail petition and same day consider bail in connection with Crime No.649 of 2012 dated 12.08.2012 on the file of the respondent police.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 188, 341, 506(ii) IPC 3(1) (X) 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 https://hcservices.ecourts.gov.in/hcservices/

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, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.649 of 2012 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.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sms To

1. The Inspector of Police, Sankarapuram Police Station, Villupuram District 2.The Public Prosecutor, High Court, Madras.

3.The Principal Sessions Judge, Villupuram.

1 cc to Mr.E.C.Ramesh, Advocate, sr.43086 Crl.OP.No.14762 of 2016 pvs co kra 10.08.2016 https://hcservices.ecourts.gov.in/hcservices/