Madras High CourtCRL OP/19491/2015ordered

M.Sulaiman v. The State Rep. By

2015-08-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.19491 of 2015 M.Sulaiman ... Petitioner Vs.

The State rep by Inspector of Police, B-4, Race house Police Station, Coimbatore District.

... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal and District Judge, Coimbatore to consider the bail application of the petitioner on his surrender before the Court on the same day on merits in accordance with law in connection with Crime No.524 of 2015 pending investigation on the file of the respondent. For Petitioner : Mr.R.Rajiv Gandhi For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned Principal and District Judge, Coimbatore to consider the bail application of the petitioner on the same day on his surrender in Crime No.524 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, 506[i] I.P.C., r/w 109 and 3 [1][r][s], 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. 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 SC & ST [Prevention of Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned Principal and District Judge, Coimbatore is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.524 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(J) //True Copy// Sub Assistant Registrar gya To 1.The Principal and District Judge, Coimbatore.

2.Inspector of Police, B-4, Race house Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Rajiv Gandhi, Advocate, S.R.No.40025 CRL.OP.No.19491 of 2015 CNR(CO) CA(19/08/2015) https://hcservices.ecourts.gov.in/hcservices/