Madras High CourtCRL OP/15808/2016disposed of

Karunakaran, M/Age - 30 Yrs v. State Rep. By

2016-07-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.15808 of 2016 Karunakaran .. Petitioner Vs.

State rep. by The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

Crime No.291 of 2015.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District Sessions Judge, Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with Cr.No.291/2015. For Petitioner : Mr.V.K.Rajendran 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 Principal District Sessions Judge, Cuddalore, to consider the bail application of the petitioner on the same day on his surrender in Crime No.291 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 294[b], 323, 324, 506(ii) IPC r/w Section 3[1][x] 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.

3. The learned Additional Public Prosecutor takes notice for the respondent.

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 SC & ST [Prevention of Atrocities] Amendment Act 2015 that the petitioner cannot move any anticipatory bail, the learned Principal District Sessions Judge, Cuddalore, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.291 of 2015 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 District and Sessions Judge, Cuddalore.

2.The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.K.Rajendran Advocate sr.42033 CRL.OP.No.15808 of 2016 aa25/07/2016 https://hcservices.ecourts.gov.in/hcservices/