B.Gowtham v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9649 of 2015 B.Gowtham ... Petitioner Vs.

State Represented by Sub Inspector of Police F-2, SIPCOT Police Station Gummudipoondi.

... Respondent Crime No. 88/2015 Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge, Tiruvallur in Crime No.88 of 2015 to accept the surrender and to consider the bail application of the petitioner on the same day.

For Petitioner : Mr.Thanjai P.N.Chezhian 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 Sessions Judge, Tiruvallur to consider the bail application of the petitioner on the same day on his surrender in Crime No.88 of 2015 on the file of the Sub Inspector of Police,F-2, SIPCOT Police Station, Gummudipoondi.

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 IPC, 3(1)(d) of SC/ST Protection 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.

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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 Sessions Judge, Tiruvallur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.88 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(CO) //True Copy// Sub Assistant Registrar ajr To

1. The Principal Sessions Judge Tiruvallur.

2. The Sub Inspector of Police F-2, SIPCOT Police Station Gummudipoondi.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Thanjai P.N.Chezhian, Advocate, S.R.No.20936 Crl. O.P. No.9649 of 2015 MP(CO) CA(21/04/2015) https://hcservices.ecourts.gov.in/hcservices/