Madras High CourtCRL OP/19421/2015ordered

Kolanchinathan v. State Rep. By

2015-07-31Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19421 of 2015 1 KOLANCHINATHAN [ PETITIONER ] Vs.

1 STATE REP. BY THE INSPECTOR OF POLICE ARIYALUR POLICE STATION ARIYALUR DISTRICT [ RESPONDENT ] Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned District and Sessions Judge, Ariyalur the special Court for SC/ST Act cases to accept the surrender of the petitioner in Crime No. 463 of 2015 on the file of the Inspector of Police, Ariyalur Police Station, Ariyalur district and to consider the bail application on the same day.

For Petitioner :: Mr.G.Hariharan 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 District and Sessions Judge, Ariyalur the special Court for SC/ST Act cases to accept the surrender of the petitioner in Crime No. 463 of 2015 on the file of Inspector of Police, Ariyalur Police Station, Ariyalur district and to consider the bail application on the same day.

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, 354 I.P.C., r/w 3(1)(r,s), 3 (2)(v-a) of S.C. & S.T. (Prevention of Atrocities) Act, 2014 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 https://hcservices.ecourts.gov.in/hcservices/

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 and Sessions Judge, Ariyalur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.463 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 //True Copy// Sub Assistant Registrar To 1.The District and Sessions Judge, Ariyalur

2. The Inspector of Police Ariyalur Police Station, Ariyalur 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Hariharan, Advocate, S.R.No.39458 MG(CO) EU(13/08/2015) Crl. O.P. No.19421 of 2015 https://hcservices.ecourts.gov.in/hcservices/