Madras High CourtCRL OP/26620/2015disposed of

P.Vadivel v. The Inspector Of Police

2015-10-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.26620 of 2015 P.Vadivel .. Petitioner/Accused Vs The Inspector of Police, Attur Police Station, Attur, Salem District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the District Principal Sessions Court, Salem for SC/ST Act to consider the bail petition of the petitioner on the very same day in the event of him surrender in connection with the complaint in Crime No.649 of 2015 on the file of the respondent police.

For Petitioner : Mr.B.Balavijayan For Respondent : Mr.C.Emalias, Additional 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, Salem to consider the bail application of the petitioner on the same day on his surrender in Crime No.649 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 341, 294[b], 323, 506[ii] IPC, 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 https://hcservices.ecourts.gov.in/hcservices/

bail, the learned Principal Sessions Judge, Salem is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.649 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.

gya Sd/- Assistant Registrar (CS-II) /True Copy/ Sub-Assistant Registrar To

1. Principal Sessions Judge, Salem.

2. The Inspector of Police, Attur Police Station, Attur, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1 C.C. to MR.B.Balavijayan, Advocate in Sr.No.58478 CRL.OP.No.26620 of 2015 RSK(CO) sd : 29/10/2015 https://hcservices.ecourts.gov.in/hcservices/