Madras High CourtCRL OP/8589/2015closed

Silambarasan v. The State Rep. By

2015-04-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.8589 of 2015 Silambarasan .. Petitioner Vs.

The State rep. By The Station House Officer, Varanjaram Police Station, Villupuram District .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions (Special Judge under SC/ST Act), Judge, Villupuram District to consider the petitioner's bail application on the same day on his surrender in S.C.No.222 of 2013 in Crime No.211 of 2005 on the file of the respondent police. For Petitioner :: Mr.R.Kumaravel 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 District and Sessions (Special Judge under SC/ST Act), Judge, Villupuram District to consider the petitioner's bail application on the same day on his surrender in S.C.No.222 of 2013 in Crime No.211 of 2005 on the file of the respondent police.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 354 @ 294(b), 354 r/w Section 3(1) (x) of the SC & ST (Prevention of Atrocities) Act 1989, 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. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. Considering the submissions of both sides and also considering the nature of the prayer in this case and 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 and Sessions https://hcservices.ecourts.gov.in/hcservices/

Judge (Special Court for SC/ST cases), Villupuram District, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.222 of 2013 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

5. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar jbm To 1.The Principal District and Sessions Judge (Special Court for SC/ST cases), Villupuram, Villupuram District.

2.The Station House Officer, Varanjaram Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

1 CC TO MR.R. Kumaravel, Advocate, Sr. 20403 Crl. O.P. No.8589 of 2015 KK (CO) kk 16/4 https://hcservices.ecourts.gov.in/hcservices/