Madras High CourtCRL OP/16063/2016disposed of

J.Varadhan @ Varadharajan v. State Rep. By

2016-07-26Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.OP.No.16063 of 2016 J.Varadhan @ Varadharajan

...Petitioner

Vs.

State rep.by The Inspector of Police, Arakonam Taluk Police Station, Vellore District.

...Respondent

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue direction to the learned Principal District and Sessions Judge, Vellore, to accept surrender of the petitioner in Crime No.498 of 2014 and consider the bail application on the same day. For Petitioner : Mr.T.Ravi For Respondent : Mr.C.Emalias, Addl.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, Vellore to consider the bail application of the petitioner on the same day on his surrender in Crime No.498 of 2014 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 Section 341, 374 IPC r/w 4[1][b] of SC & ST [POA] Amendment Ordinance 2014 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.

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 [POA] https://hcservices.ecourts.gov.in/hcservices/

Amendment Ordinance 2014 that the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.498 of 2014 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.

gya Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal District and Sessions Judge, Vellore.

2.The Inspector of Police, Arakonam Taluk Police Station, Vellore District.

3.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.T.Ravi, Advocate Sr 42015 KR/27/7/16 Crl.OP.No.16063 of 2016 https://hcservices.ecourts.gov.in/hcservices/