Madras High CourtCRL OP/24992/2015disposed of

Gopi v. State Rep. By

2015-10-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.24992 of 2015 Gopi .. Petitioner/Accuse Vs.

State rep by The Inspector of Police, Sankarapuram Police Station, Villupuram District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned District Special Judge for SC/ST Prevention Attrocity Act, Villupuram District to consider the Bail Application in Crime No.197/2012 on the same day of his surrender. For Petitioner : Mr.Rama Ganesh For Respondent : 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 District and Sessions Judge, Villupuram [Spl. Judge for SC & ST Act] to consider the bail application of the petitioner on the same day on his surrender in Crime No.197 of 2012 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, 342, 448, 294[b], 323, 506[i] I.P.C., r/w 3[1][10] 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. P.N.PRAKASH, J.

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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 Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned District and Sessions Judge, Villupuram [Spl. Judge for SC & ST Act] is directed to consider the bail application, in the event of the petitioner filing such petition in https://hcservices.ecourts.gov.in/hcservices/

Crime No.197 of 2012 on the file of the respondent police, and dispose of the same on merits, in accordance with law. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gya To 1.The District and Sessions Judge, Villupuram [Spl. Judge for SC & ST Act] 2.The Inspector of Police, Sankarapuram Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. R. Sasikumar, Advocate SR.56207 CRL.OP.No.24992 of 2015 UG(CO) Eu 14.10.2015 https://hcservices.ecourts.gov.in/hcservices/