Madras High CourtCRL OP/23542/2015disposed of

G.Annamalai v. The State Rep By

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.23542 of 2015 G.Annamalai ...

Petitioner/Accused I Vs The State, Rep by, Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

(Crime No.433 of 2015) ... Respondents/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Sessions Court, Tiruvannamalai, to consider the bail application of the petitioner in Crime No.433 of 2015 pending on the file of the respondent and pass orders on the same day when he surrendered before the above said court.

For Petitioner :Mr.B.Jawahar For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Sessions Court, Tiruvannamalai, to consider the bail application of the petitioner in Crime No.433 of 2015 pending on the file of the respondent and pass orders on the same day when he surrendered before the above said court.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 384, 363, 342 & 506 (ii) I.P.C r/w 3(1) (s) of S.C. & S.T. Prevention of Atrocities Amendment Ordinance Act 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.

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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 Sessions Court, Tiruvannamalai, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.433 of 2015 on the file of the respondent police, and dispose of the same on merits and in accordance with law.

With this observation, this petition is disposed of accordingly.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sms To

1. Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

2.The Principal Sessions Judge, Tiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.B.Jawahar, Advocate, sr.50861 Crl.OP.No.23542 of 2015 sai co kra 25/09 https://hcservices.ecourts.gov.in/hcservices/