Madras High CourtCRL OP/19787/2015ordered

R.Thanancheyan v. The Inspector Of Police

2015-08-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19787 of 2015 R.Thanancheyan .. Petitioner/Accused Vs.

The State, Rep by its Inspector of Police, Cheyyar Police Station, Tiruvanamalai District.

(Crime No.443/2015) .. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to direct the learned Special Judge for SC/ST Act Cases/Principal Sessions Court, Thiruvannamalai to consider the bail petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.443/2015 pending investigation on the file of the respondent Police.

For Petitioner : Mr.T. Dharani For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the learned Special Judge for SC/ST Act Cases/Principal Sessions Court, Thiruvannamalai to consider the bail petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.443/2015 pending investigation on the file of the respondent Police. 2.The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 292, 506 (i) IPC and 3(1)(r) of Schedule Caste and 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 the specific bar under Section 18 of the S.C. & S.T. (Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Special Judge for SC/ST Act Cases/Principal Sessions Court, Thiruvannamalai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.443 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 ds To 1.The Special Judge for SC/ST Act Cases Principal Sessions Court, Thiruvannamalai.

2.The Inspector of Police, Cheyyar Police Station, Tiruvanamalai District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.T. Dharani, Advocate Sr.40646 Crl. O.P. No.19787 of 2015 MSM(CO) Eu 20.08.15 https://hcservices.ecourts.gov.in/hcservices/