Madras High CourtCRL OP/25807/2015disposed of

Kadhiravan v. State Rep By

2015-10-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.25807 of 2015 Kadhiravan .. Petitioner Vs.

State rep. by Inspector of Police, Rathinagiri Police Station, Rathinagiri, Vellore District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the the learned Principal District and Sessions Judge, Vellore to consider the bail application on the same day on his surrender and file a bail application in of Crime No.285 of 2015 on the file of the Inspector of Police, Rathinagiri Police Station, Vellore District. For Petitioner : Mr.G.Vinodh Kumar 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, Vellore to consider the bail application of the petitioner on the same day on his surrender in Crime No.285 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 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 https://hcservices.ecourts.gov.in/hcservices/

of Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.285 of 2015 on the file of the respondent police, and dispose of the same on merits, in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar gya To 1.The Principal District and Sessions Judge, Vellore.

2.The Inspector of Police, Rathinagiri Police Station, Rathinagiri, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G.Vinodhkumar,Advocate(sr.57028) CRL.OP.No.25807 of 2015 KJI(co) cp 19/10/2015 https://hcservices.ecourts.gov.in/hcservices/