R.Venkatesh v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9810 of 2015 R.Venkatesh .. Petitioner Vs.

1. The Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai District.

2. The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

Crime No.98/2015 .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Special Judge for SC & ST Act cases/Principal Sessions Court, Thiruvannamalai to consider the bail petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.98 of 2015 pending investigation on the file of the respondent police.

For Petitioner :: Mr.K.Kathiresan For Respondents :: 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 Special Judge for SC & ST Act cases/Principal Sessions Court, Thiruvannamalai to consider the bail application of the petitioner on the same day on his surrender in Crime No.98 of 2015 pending on the file of the respondent.

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), 304 and 506(ii) I.P.C., r/w Section 3(1)(r)(S) of S.C. & S.T. (Prevention of Atrocities) Act and that in view of the specific bar under Section 18 of the said Act, https://hcservices.ecourts.gov.in/hcservices/

the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Special Judge for SC & ST Act cases/Principal Sessions Court, Thiruvannamalai 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.

-s/d- Assistant Registrar(LA) True Copy Sub-Assistant Registrar To

1. The Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai District.

2. The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

3. The Special Court for SC & ST Act cases/Principal Sessions Court, Thiruvannamalai.

4. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Kathiresan, Advocate SR 21195 ts(co) prk23/4 Crl. O.P. No.9810 of 2015 https://hcservices.ecourts.gov.in/hcservices/