Madras High CourtCRL OP/9408/2015closed

Thirugnanam @ v. State Rep.By

2015-04-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9408 of 2015 Thirugnanam @ Thirugnanasambandham .. Petitioner/Accused Vs.

State rep. By Inspector of Police, Vaitheeshwaran Kovil Police Station, Nagapattinam District.

.. Respondent/Complainant 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) Thanjaur, Thanjaur District to accept the surrender of the petitioner herein concerned in Crime No.98 of 2015 on the file of Inspector of Police Vaitheeshwaran Kovil Police Station, Nagapattinam District and consider the bail petition on the same day itself.

For Petitioner :: Mr.R.Silambarasan For Respondent :: Mr.M.Mohamed Riyaz, Govt.Advocate (Crl.side)

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 District and Sessions Judge (Special Court for SC/ST cases) Thanjaur, Thanjaur District to accept the surrender of the petitioner herein concerned in Crime No.98 of 2015 on the file of Inspector of Police Vaitheeshwaran Kovil Police Station, Nagapattinam 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 294(b), 323, 324 I.P.C., r/w 3(i) (r), 3(i)(s) and 3(2)(VA) of S.C. & S.T. Act Amendment Ordinance Act in 2014 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 learned Principal District and Sessions Judge (Special Court for SC/ST Cases), Thanjavur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.98 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.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ajr To

1. Principal District and Sessions Judge (Special Court for SC/ST Cases), Thanjavur

2. Inspector of Police, Vaitheeshwaran Kovil Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R.Silambarasan ,Advocate, SR.No.20372 Crl. O.P. No.9408 of 2015 sr(co) pmk.16.4.2015 https://hcservices.ecourts.gov.in/hcservices/