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Madras High CourtCRL OP/11067/2018disposed of

Karthik, Aged 26 Years, v. The State Rep. By

2018-04-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11067 of 2018 Karthik ... Petitioner Vs The State rep.by The Inspector of Police, Peranamallur Police Station, Thiruvannamalai District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District Sessions Judge, Thiruvannamalai, to consider the bail application filed in respect of Crime No.134 of 2015 on the file of the respondent police.

For Petitioner : Mr.M.Rajendiran For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the learned Principal District Sessions Judge, Thiruvannamalai, to consider the bail application filed in respect of Crime No.134 of 2015 on the file of the respondent police.

2.The learned counsel appearing for the petitioner submitted that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(b), 323 and 4 of the Tamil Nadu Woman Harassment Act read with 3(1)(r) of the 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. 3.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the investigation in Crime No.134 of 2015 has been completed and charge sheet has been filed before the learned Judicial Magistrate, Cheyyar. 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 Principal District Sessions Judge, Thiruvannamalai, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.134 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. Thereafter, the petitioner shall appear before the learned Judicial Magistrate, Cheyyar and take part in the committal proceedings.

With this observation, this Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mps To 1.The Principal District Sessions Judge, Thiruvannamalai. 2.The Judicial Magistrate, Cheyyar.

3.The Chief Judicial Magistrate, Thiruvannamalai. 4.The Inspector of Police, Peranamallur Police Station, Thiruvannamalai District.

5.The Public Prosecutor,Madras High Court, Chennai. +1cc to Mr.M.Rajendran, Advocate, S.R.No.27824 Crl.O.P.No.11067 of 2018 VBA(CO) RRK(04/05/2018) https://hcservices.ecourts.gov.in/hcservices/