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Madras High CourtCRL OP/12733/2018closed

Saheera Parveen @ Parveen, v. The 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.12733 of 2018 Saheera Parveen @ Parveen ... Petitioner/Accused Vs The State By The Inspector of Police Sathyamangalam Police Station Erode District.

...Respondent/Complainant

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to consider the bail application of the petitioner on the same day itself in the event of her surrender before the Hon'ble Principal Sessions Judge, Erode in respect of the case in Crime No.69 of 2018 on the file of the respondent.

For Petitioner :

Mr.I.C.Vasudevan 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 Sessions Judge, Erode to consider the bail application of the petitioner on the same day itself in the event of her surrender in respect of the case in Crime No.69 of 2018 on the file of the respondent.

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), 323 and 506(i) 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.

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 Sessions Judge, Erode is directed to consider the bail application, in the event of the petitioner https://hcservices.ecourts.gov.in/hcservices/

filing such petition in connection with Crime No.69 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 IV) //True Copy// Sub Assistant Registrar mk To 1.The Principal Sessions Judge, Erode.

2.

The Inspector of Police Sathyamangalam Police Station Erode District.

3. The Additional Public Prosecutor High Court, Madras.

+1 cc to Mr.I.C.Vasudevan Advocate sr 32141 Crl.OP.No.12733 of 2018 aa28/04/2018 https://hcservices.ecourts.gov.in/hcservices/