Madras High CourtCRL OP/19522/2016disposed of

D.Mani Age 34 Years v. The Superintendent Of Police

2016-08-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.19522 of 2016 1.D. Mani ... Petitioner Vs 1.The Superintendent of Police, Vellore District.

2. State by Inspector of Police, K.V. Kuppam Police Station, Vellore District.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Vellore to accept the petitioner bail application and consider the bail application on the same day in favour petition in crime number 237 of 2016 on the file of respondent police. For Petitioner : Mr.Karan For Respondents : Mr.C.Emalias, APP

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, Vellore to accept the petitioner bail application and consider the bail application on the same day in favour petition in crime number 237 of 2016 on the file of 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 147, 148, 294(b), 323, 324, 506(2) IPC r/w Section 3(1)(r) and 3 (1) (s) of SC & ST [POA] 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.

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3. The learned Additional Public Prosecutor takes notice for the respondents.

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 SC & ST [POA] Act that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge, Vellore District is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.237 of 2016 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 dispose of the same on merits in accordance with law on the same day. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge, Vellore District.

2.The Superintendent of Police, Vellore District.

3.The Inspector of Police, K.V. Kuppam Police Station, Vellore District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Karan & Uday, Advocate Sr.49425 CRL.OP.No.19522 of 2016 mp I[co] srg 31/08/2016 https://hcservices.ecourts.gov.in/hcservices/