Madras High CourtCRL OP/12723/2018closed

Anbalagan, M/A 37 Years, v. State By

2018-04-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.12723 of 2018 Anbalagan ... Petitioner Vs State by The Inspector of Police Kanjanur Police Station Villupuram District.

...Respondent

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, seeking a direction to the learned District & Sessions Judge, (Special Court under ST & SC Atrocities Act at Villupuram, Villupuram District) to accept the surrender of the petitioners herein concerned in Crime No.117 of 2018 on the file of the Inspector of Police, Kanjanur Police Station, Villupuram District and consider the bail petition on the same day itself.

For Petitioner :

Mr.K.Balu 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 District & Sessions Judge, (Special Court under ST & SC Atrocities Act at Villupuram, Villupuram District) to accept the surrender of the petitioners herein concerned in Crime No.117 of 2018 on the file of the Inspector of Police, Kanjanur Police Station, Villupuram District and consider the bail petition on the same day itself.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Section 153A, 294(b), 504, 505(1)(c) IPC of the Indian Penal Code, 1860 and 3(1)(r) and 3(1)(s) 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 therefore, the petitioner has come forward with the said prayer.

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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 District & Sessions Judge, (Special Court under ST & SC Atrocities Act at Villupuram, Villupuram District), is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.117 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/- Asst.Registrar (CS IX ) /true copy/ Sub Asst. Registrar To 1.The District & Sessions Judge, (Special Court under ST & SC Atrocities Act at Villupuram, Villupuram District) 2.

The Inspector of Police Kanjanur Police Station Villupuram District

3. The Government Advocate (Crl.Side), High Court, Madras.

+1cc to Mr.K.Balu, Advocate sr.no.32170 Crl.OP.No.12723 of 2018 nr 28/04/2018 https://hcservices.ecourts.gov.in/hcservices/