Parasuraman v. The Asst. Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2015

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No.22987 of 2015 Parasuraman .. Petitioner vs.

The Assistant Commissioner of Police Anna Nagar Range Chennai-40 (Cr.No.6 of 2015 W-9, All Women Police Station Villivakkam) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge-cum-Special Judge for SC/ST Cases, Chennai, to consider the bail application filed by the petitioner in connection with the Crime No.6 of 2015 of W-9, All Women Police Station Villivakkam pending investigation on the file of the respondent police on the same day of his surrender and pass appropriate orders.

For Petitioner :: Mr.G.Krishnamurthy For Respondent :: Mr.C.Emalias Additional Public Prosecutor

O R D E R

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 Cases, Chennai, to consider the bail application filed by the petitioner in connection with the case in Crime No.6 of 2015 on the file of the W-9, All Women Police Station, Villivakkam, on his surrender on the same day.

2. The learned counsel for the petitioner would submit that the petitioner has been implicated in the case in Cr.No.6 of 2015 for the alleged offences under Sections 418, 493, 496, 498(A) IPC r/w.3(i) k(1) (xii) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. 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. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 and in view of the specific bar under Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge-cum-Special Judge for SC/ST Cases, Chennai, is directed to consider the bail application, in the event of the petitioner filing such petition in respect of the case in Crime No.6 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 True Copy Sub Assistant Registrar paa To

1. The Principal District & Sessions Judge -cum-Special Judge for SC/ST Cases, Chennai.

2. The Assistant Commissioner of Police Anna Nagar Range, Chennai-40.

(Cr.No.6/15, W-9, All Women Police Station, Villivakkam)

3. The Public Prosecutor, Madras.

1 cc to Mr.V.Jaisankar, Advocate Sr.No.49587/15 Crl. O.P. No.22987 of 2015 ca(co) pmk.11.9.2015 https://hcservices.ecourts.gov.in/hcservices/