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Madras High CourtCRL OP/22718/2015disposed of

Babu @ Suresh Babu v. State Rep By

2015-09-09Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.22718 of 2015 Babu @ Suresh Babu ... Petitioner Vs.

State rep. By Inspector of Police, Peranamallur Police Station, Tiruvannamalai District. ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Judicial Magistrate, Cheyyar to consider the bail application in connection with Cr.No.134 of 2015 on the file of the respondent on same day of surrender of the petitioner.

For Petitioner : Mr.R.Ezhilarasan 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 Judicial Magistrate, Cheyyar to consider the bail application of the petitioner on the same day on his surrender in Crime No.134 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, 294(b), 323 of I.P.C., and 4 of Tamilnadu Women Harassment Act r/w 3(i)(r) 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 https://hcservices.ecourts.gov.in/hcservices/

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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Judicial Magistrate, Cheyyar 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.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Peranamallur Police Station, Tiruvannamalai District.

2. The Judicial Magistrate, Cheyyar.

3. Through The Chief Judicial Magistrate, Cheyyar.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Ezhilarasan, Advocate, S.R.No.49132 Crl. O.P. No.22718 of 2015 PA(CO) CA(18/09/2015) https://hcservices.ecourts.gov.in/hcservices/