Madras High CourtCRL OP/20818/2015ordered

Appu (Alias) Manikandan v. State Of Tamilnadu

2015-08-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20818 of 2015 Appu [alias] Manikandan .. Petitioner Vs State of Tamil Nadu Rep by Sub Inspector of Police, D-3 Kanakamma Chattram Police Station, Thiruvallur District.

.. Respondent Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge, Thiruvallur to accept the surrender of the petitioner and the on same day to release the petitioner on Anticipatory Bail in connection with crime No.15 of 2015 on the file of the respondent herein.

For Petitioner : Mr.R.Vetrivel 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 District and Sessions Judge, Thiruvallur to consider the bail application of the petitioner on the same day on his surrender in Crime No.15 of 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], 334 IPC, r/w 3[1][r][3] of [Prevention of Atrocities] Amendment Ordinance 2014 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.

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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] Act that the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Thiruvallur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.15 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. gya s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The Principal District and Sessions Judge, Thiruvallur.

2.The Sub Inspector of Police, D-3 Kanakamma Chattram Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.Vetrivel, Advocate SR 43615 mg(co) prk1/9 CRL.OP.No.20818 of 2015 https://hcservices.ecourts.gov.in/hcservices/