Madras High CourtCRL OP/15151/2016disposed of

Thoppulaan Peran @ Vetrivel v. State By

2016-07-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.15151 of 2016 Thoppulaan Peran @ Vetrivel .. Petitioner/Accused Vs.

State rep. By The Inspector of Police, Senthurai Police Station, Ariyalur District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions and District Judge, Ariyalur, Ariyalur District to accept the surrender of the petitioner herein concerned in Crime No.153 of 2016 on the file of the Inspector of Police, Senthurai Police Station, Ariyalur District and consider the bail petition on the same day itself.

For Petitioner : Mr.G.Padmanapan For Respondent : Mr.C.Emalias, APP

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 Principal Sessions and District Judge, Ariyalur to consider the bail application of the petitioner on the same day on his surrender in Crime No.153 of 2016 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 147, 148, 294[b], 506[ii] I.P.C. r/w Section 4 of TNPHW Act, 2002, Section 3 of TNPPDL Act and Section 3[1][r-s] and 3[2][v-a] of SC & ST [Prevention of Atrocities] Amendment Act 2015 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.

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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] Amendment Act 2015 that the petitioner cannot move any anticipatory bail, the learned Principal Sessions and District Judge, Ariyalur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.153 of 2016 on the file of the respondent police, and dispose of the same on merits, in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Principal Sessions and District Judge, Ariyalur.

2.The Inspector of Police, Senthurai Police Station, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G.Padmanappan Advocate sr.39920/16 CRL.OP.No.15151 of 2016 aa19/07/2016 https://hcservices.ecourts.gov.in/hcservices/