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Madras High CourtCRL OP/16661/2016closed

S. Ravikumar, Age 47 Years, v. State Rep. By Inspector Of

2016-08-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.16661 of 2016 S.Ravikumar

...Petitioner

Vs State rep. by Inspector of Police, Sirkazhi Police Station, Nagapattinam District.

(Crime No.382 of 2016)

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue direction to the Principal Sessions Judge, Thanjavur*, to consider the bail application in Crime No.382 of 2016 on the very same day on the file of the respondent Police.

For Petitioner :Mr.K.Sathish For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge, Thanjavur*, to consider the bail application of the petitioner on the same day on his surrender in connection with Crime No.382 of 2016 on the file of the respondent Police.

2.The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 352, 506(i) IPC r/w. 3(1)(r), 3(1)(s) and 3(2)(Va) of SC/ST (Prevention of Atrocities) Amendment 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.

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

(Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge, Thanjavur*, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No. 382 of 2016 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 criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) dt. 03.08.2016 Corrected as per the order dated 24.08.2016 and made herein Sd/- Assistant Registrar(CCC) dt. 31.08.2016 //True Copy// Sub Assistant Registrar ds To 1.The Inspector of Police, Sirkazhi Police Station, To be subsituted to the Nagapattinam District.

order already despatched on 3.08/2016 and made herin 2.The Principal Sessions Judge, Thanjavur*, 3.The Public Prosecutor, High Court, Madras.

1 cc to M/s.K.Sathish, Advocate, Sr.43512 Crl.OP.No.16661 of 2016 ug co kra 03.08.2016 EU 31.08.2016 https://hcservices.ecourts.gov.in/hcservices/