Madras High CourtCRL OP/20949/2015ordered

P.Boobalan v. State By

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.20949 of 2015 P.Boobalan .. Petitioner/3rd Accused Vs State by 1.The Deputy Superintendent of Police, Tiruttani, Thiruvallur District.

2.The Sub Inspector of Police, D-1 Tiruttani Police Station, Thiruvallur District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 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 same day to release the petitioner on Anticipatory Bail in connection with crime No.356 of 2015 on the file of the respondent herein.

For Petitioner : Mr.C.Chockkalingam For Respondents : 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.358 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], 324, 341 IPC, r/w 3[1][x] of 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. https://hcservices.ecourts.gov.in/hcservices/

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] 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.356 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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar gya To 1.The Principal District and Sessions Judge, Thiruvallur.

2.The Deputy Superintendent of Police, Tiruttani, Thiruvallur District.

3.The Sub Inspector of Police, D-1 Tiruttani Police Station, Thiruvallur District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.Chockalingam, Advocate, sr.43738 CRL.OP.No.20949 of 2015 jp(co) kra(26/08) https://hcservices.ecourts.gov.in/hcservices/