Madras High CourtCRL OP/25574/2015disposed of

Rajesh v. The 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.25574 of 2015 Rajesh .. Petitioner Vs.

The State rep. by The Inspector of Police, Thali Police Station, Krishnagiri District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application of the petitioner concerned in Crime No.469 of 2015 on the file of the Inspector of Police, Thali Police Station, Krishnagiri District on his surrender on the same day on such terms and conditions.

For Petitioner : Mr.C.Prabakaran 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 Principal District and Sessions Judge, Krishnagiri to consider the bail application of the petitioner on the same day on his surrender in Crime No.469 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 294[b], 355, 323 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 Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned https://hcservices.ecourts.gov.in/hcservices/

Principal District and Sessions Judge, Krishnagiri is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.469 of 2015 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-III) / TRUE COPY / SUB-ASSISTANT REGISTRAR gya To 1.The Principal District and Sessions Judge, Krishnagiri.

2.The Inspector of Police, Thali Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.Prabakaran Advocate. SR.NO.56082 CRL.OP.No.25574 of 2015 CO-TEJ JD 14/10/2015 https://hcservices.ecourts.gov.in/hcservices/