Madras High CourtCRL OP/22927/2015disposed of

Murugan v. The Inspector Of Police

2015-09-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.22927 of 2015 Murugan ...

Petitioner/Accused Vs State rep.by The Inspector of Police, Aandimadam Police Station, Ariyalure District.

Crime No.Not known of 2015.

... Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District Sessions Judge, Ariyalur to consider the bail application on the same day in the event of this surrender before the Court in connection with Crime No.Not known of 2015 on the file of the respondent police. For Petitioner : Mr.T.Muruganantham For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District Sessions Judge, Ariyalur to consider the bail application on the same day in the event of this surrender before the Court in connection with Crime No.Not known of 2015 on the file of the respondent police.

2. The learned counsel for the petitioner submits that the prayer in the complaint is for a direction to the police under Section 156

(3) Cr.P.C. and he further submitted that the petitioner has been implicated in this case for the alleged offences under Sections 294 (b), 323, 307, 506(ii) IPC r/w 3(i)(vi), 3(i)(x) of SC/ST 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 the respondent.

https://hcservices.ecourts.gov.in/hcservices/

4. It is represented by the learned Additional Public Prosecutor that a case has been registered in Crime No.225 of 2015 for offences under Sections 294(b), 323, 307, 506(ii) IPC r/w 3(i)(vi), 3(i)(x) of SC/ST Act.

5.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 Principal District Sessions Judge, Ariyalur, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.225 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. -s/dAssistant Registrar(CSIV) dt:18/9/2015 True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Aandimadam Police Station, Ariyalure District.

2. The Principal District Sessions Judge, Ariyalur.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.T.Muruganatham, Advocate sr.50887 Crl.OP.No.22927 of 2015 aa21/09/2015 https://hcservices.ecourts.gov.in/hcservices/