Madras High CourtCRL OP/17775/2016disposed of

P. Tamilarasan, Age 27 Years, v. State By Inspector Of Police,

2016-08-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.17775 of 2016 P.Tamilarasan ... Petitioner/Accused No.2 Vs State by The Inspector of Police, Kangeyam Police Station, Tiruppur District.

Cr.No.3 of 2016) ... Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District and Sessions Judge (Special Judge for SC/ST Act Cases), Tiruppur, Tiruppur District, to accept the surrender of the petitioner in Crime No.3 of 2016 on the file of the respondent and to consider his bail petition on the same day itself.

For Petitioner : Mr.V.Pandiyan 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, Tiruppur [Spl. Judge for SC & ST Act], Tiruppur District to consider the bail application of the petitioner on the same day on his surrender in Crime No.3 of 2016 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 Section 294[b], 376, 354[A], 341 and 506 [i] IPC r/w 3[1][w][i] and 3[2][v][a] 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 https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Tiruppur [Spl. Judge for SC & ST Act], Tiruppur District is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.3 of 2016 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order, and dispose of the same on merits and in accordance with law on the same day. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Principal District and Sessions Judge, [Spl. Judge for SC & ST Act], Tiruppur.

2.The Inspector of Police, Kangeyam Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Pandiyan, Advocate Sr.45832 CRL.OP.No.17775 of 2016 bvr[co] srg 12/08/2016 https://hcservices.ecourts.gov.in/hcservices/