Madras High CourtCRL OP/14870/2016disposed of

Arunkumar v. The Inspector Of Police

2016-07-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14870 of 2016 Arunkumar ...

Petitioner Vs State rep.by The Inspector of Police, B-1, Police Station, Dharmapuri Town.

Crime No.36 of 2016 ...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District and Sessions Judge, Dharmapuri, to consider the bail application to be moved by the petitioner on the same day in Crime No.36 of 2016 on the file of the respondent police. For Petitioner :Mr.J.Bharathi Raja For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the learned Principal District and Sessions Judge, Dharmapuri, to consider the bail application to be moved by the petitioner on the same day in Crime No.36 of 2016 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, 294(b), 324 IPC r/w Section 3(1)(x) of SC/ST Act, 1989 and The Scheduled Tribes (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.

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

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 District and Sessions Judge, Dharmapuri, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.36 of 2016 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.

Assistant Registrar, //True Copy// Sub Assistant Registrar sms To 1.The Principal District and Sessions Judge, Dharmapuri.

2.The Inspector of Police, B-1, Police Station, Dharmapuri Town.

3.The Public Prosecutor, High Court, Chennai.

+1 C.C. to Mr.J.Bharathi Raja, Advocate SR.No.39263 Crl.OP.No.14870 of 2016 RK SM 28/07/2016 https://hcservices.ecourts.gov.in/hcservices/