Madras High CourtCRL OP/24778/2015disposed of

S.Sathish v. The State Rep By Its

2015-10-05Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.24778 of 2015 S.Sathish .. Petitioner/A4 Vs The State rep. by Inspector of Police, Cheyyar Police Station, Tiruvannamalai District.(Cr.No.504/2010) .. Respondent/Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge, Tiruvannamalai District to accept the surrender of the petitioner accused in PRC.No.9 of 2013 on the file of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District and consider his bail application on the same day. For Petitioner :

Mr.E.Sathiyaraj 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 Sessions Judge, Tiruvannamalai District to consider the bail application of the petitioner on the same day on his surrender in PRC No.9 of 2013 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, 341, 324, 307 I.P.C. 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 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 [Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge, Tiruvannamalai District is directed to consider the bail application, in the event of the petitioner filing such petition in PRC No.9 of 2013 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 IV ) /true copy/ Sub Asst. Registrar gya To 1.The Principal Sessions Judge, Tiruvannamalai District 2.The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District.

3.The Judicial Magistrate, Cheyyar, Tiruvannamalai Dt. 4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.E.Sathiyaraj, Advocate, sr.54029 CRL.OP.No.24778 of 2015 pur co kra 06/10 https://hcservices.ecourts.gov.in/hcservices/