Madras High CourtCRL OP/24739/2015ordered

Saloon Mani @ V.Subramani v. The Superintendent Of Police

2015-10-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.24739 of 2015 Saloon Mani @ V.Subramani .. Petitioner Vs.

1.The Superintendent of Police, Erode, Erode District.

2.The Inspector of Police, Erode South Police Station, Erode District.

.. Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Special Judge for SC & ST Act cases/Principal District and Sessions Court, Erode to consider the bail petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.648 of 2015 pending investigation on the file of the 1st respondent police.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.C.Emalias, APP

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 Court, Erode [Spl. Judge for SC & ST Act] to consider the bail application of the petitioner on the same day on his surrender in Crime No.648 of 2015 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 Sections 147, 148, 294[b], 323, 324 IPC r/w 3[1][x] of SC & ST [Prevention of Atrocities] 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 respondents.

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

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 [Prevention of Atrocities] Act that the petitioner cannot move any anticipatory bail, the Principal District and Sessions Court, Erode [Spl. Judge for SC & ST Act] is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.648 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.

-Sd/- Assistant Registrar(cs-III) //True copy// Sub Assistant Registrar sms To 1.The Principal District and Sessions Court, Erode [Spl. Judge for SC & ST Act] 2.The Superintendent of Police, Erode, Erode District.

3.The Inspector of Police, Erode South Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Prabakar,Advocate(sr.53530) CRL.OP.No.24739 of 2015 KK(co) cp 13/10/2015 https://hcservices.ecourts.gov.in/hcservices/