Madras High CourtCRL OP/12466/2018closed

Rasukutty, M/A 24 Years, v. The State Rep By Its,

2018-04-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.12466 of 2018 Rasukutty ... Petitioner/Accused Vs State By The Inspector of Police Pachal Police Station Thiruvannamalai District. ...Respondent/Complainant Crime No. 249/2018 Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioner on the same day in the event of surrender by the petitioner and seeks bail in Crime No.249 of 2018 pending on the file of the Inspector of Police, Pachal Police Station, Thiruvannamalai District.

For Petitioner :

Mr.S.Silambu Selvan For Respondent :

Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioner on the same day in the vent of surrender by the petitioner and seeks bail in Crime No.249 of 2018 pending on the file of the Inspector of Police, Pachal Police Station, Thiruvannamalai District.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Section 294(b) of the Indian Penal Code, 1860 and 3(1)(x) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and https://hcservices.ecourts.gov.in/hcservices/

therefore, the petitioner has come forward with the said prayer.

3. The learned Government Advocate (Crl. Side) 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. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.249 of 2018 pending 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 consider the same in accordance with law on the same day.

With this observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar mk To 1.The Principal District Sessions Judge, Thiruvannamalai.

(Special Court for SC/ST POA Act Cases) 2.

The Inspector of Police Pachal Police Station Thiruvannamalai District.

3. The Public Prosecutor,High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate SR.No.31613 Crl.OP.No.12466 of 2018 RV(CO) GN(28/04/2018) https://hcservices.ecourts.gov.in/hcservices/