Madras High CourtCRL OP/20589/2015disposed of

Mr.Potta Karthi v. State Rep. By

2015-08-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.20589 of 2015 Mr.Potta Karthi .. Petitioner Vs.

State rep. By Inspector of Police, Edaiyur Police Station, Tiruvarur District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction directing the learned 1st Additional Sessions Judge (PCR Judge), Thanjavur to consider the bail petition preferred by the petitioner upon their surrender in Crime No.115 of 2015 on the file of the respondent on the same day.

For Petitioner :: Mr.A.Arul Deepan 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 1st Additional Sessions Judge (PCR Judge), Thanjavur to consider the bail application of the petitioner on the same day on his surrender in Crime No.115/2015 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 147, 148, 294(b), 324, 506(ii) and 307 IPC r/w. Section 3(1)(3) and 3(2)(v) of S.C. & S.T. (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.

3. The learned Additional Public Prosecutor takes notice for the respondent and submits that since the petitioner has charged also for the offence under Section 307 of IPC, this petition may be dismissed..

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

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 Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned 1st Additional Sessions Judge (PCR Judge), Thanjavur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.115 of 2015 on the file of the respondent police, and dispose of the same on merits and in accordance with law.

With this observation, this petition is disposed of accordingly.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar vsm To 1.The nspector of Police, Edaiyur Police Station, Tiruvarur District.

2.The 1st Additional Sessions Judge (PCR Judge), Thanjavur.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s. Arul Deepan, Advocate, sr.42940 Crl. O.P. No.20589 of 2015 gj(co) kra(1/9) https://hcservices.ecourts.gov.in/hcservices/