Madras High CourtCRL OP/22830/2015ordered

Panjamoorthy v. State Rep. By

2015-09-10Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No.22830 of 2015 Panjamoorthy

...Petitioner

vs.

State Rep by The Inspector of Police, Kadampuliyur Police Station Cuddalore District.

...Respondent

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge, Cuddalore [Special Judge for SC/ST Act Cases] to consider the bail application filed by the petitioner in connection with the Crime No.254 of 2015 on the file of the respondent police on his surrender sympathetically and pass orders on merits on the same day.

For Petitioner :

Mr.K.Gandhikumar 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 and Sessions Judge cum Special Judge for SC/ST Act cases, Cuddalore to consider the bail application filed by the petitioner in connection with the Crime No.254 of 2015 on the file of the Inspector of Police, Kadampuliyur Police Station, Cuddalore District on his surrender on the same day.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offence under Sections 294(b), 323 of IPC r/w 3(1)(X) SC.ST Act, 1989. In view of the specific bar under Section 18 of the said https://hcservices.ecourts.gov.in/hcservices/

Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. Considering the submissions of both sides and also considering the nature of the prayer in this case and 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 and Sessions Judge cum Special Judge for SC/ST Act cases, Cuddalore, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.254 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, of his surrender.

5. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vj2 To

1. The Principal District and Sessions Judge [Special Judge for SC/ST Act Cases] Cuddalore

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

3. The Public Prosecutor, Madras.

1 CC to Mr.K.Gandhikumar, Advocate SR.No. 49202 Crl. O.P. No.22830 of 2015 PA (CO) PSI (11.09.2015) https://hcservices.ecourts.gov.in/hcservices/