Raji @ Rajesh v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2015
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9147 of 2015 Raji @ Rajesh .. Petitioner Vs.
State rep. By Inspector of Police, Bhrammadesam Police Station, Villupuram District.
(Crime No.116/2015) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge (Special Court for SC/ST cases), Villupuram, Villupuram District to accept the surrender of the petitioner herein concerned in Crime No.116 of 2015 on the file of the Inspector of Police, Bhrammadesam Police Station, Villupuram District and consider the bail petition on the same day itself. For Petitioner :: Mr.K.Balu 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 Judge (Special Court for SC/ST cases), Villupuram, Villupuram District to accept the surrender of the petitioner herein concerned in Crime No.116 of 2015 on the file of the Inspector of Police, Bhrammadesam Police Station, Villupuram District and consider the bail petition on the same day itself.
2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 148, 324 I.P.C., r/w 3(1) (X) of SC/ST Act, 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. https://hcservices.ecourts.gov.in/hcservices/
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 Judge (Special Court for SC/ST cases), Villupuram, Villupuram District, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.116 of 2015 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/- Assistant Registrar //True Copy// Sub Assistant Registrar jbm To 1.The Inspector of Police, Bhrammadesam Police Station, Villupuram District.
2.The Principal District and Sessions Judge (Special Court for SC/ST cases), Villupuram, Villupuram District.
3.The Public Prosecutor, High Court, Madras.
1 cc to Mr.K.Balu ,Advocate, SR.No.19795 Crl. O.P. No.9147 of 2015 gr(co) pmk.10.4.2015 https://hcservices.ecourts.gov.in/hcservices/