Siva @ Sivakumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9956 of 2015 Siva @ Sivakumar .. Petitioner Vs.

State: Rep. By The Inspector of Police, Sipcot Police Station, Tiruvallur District.

(in Crime No.95/2015) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Sessions Judge for (S.C./S.T.) Tiruvallur to consider the bail application in Crime No.95 of 2015 on the very same day of his surrender and pass such further or other order.

For Petitioner :: Mr.K.S.Arumugam 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 Sessions Judge for (S.C./S.T.) Tiruvallur to consider the bail application of the petitioner on the same day on his surrender in Crime No.95 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, 341, and I.P.C., r/w Section 3 (1)(X)(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, 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 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 Sessions Judge for (S.C./S.T.) Tiruvallur is directed to consider the bail application, in the event of the https://hcservices.ecourts.gov.in/hcservices/

petitioner filing such petition in Crime No.95 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 vsm To 1.The Inspector of Police, Sipcot Police Station, Tiruvallur District.

2.The Sessions Court for (S.C./S.T.), Tiruvallur.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.S.Arumugam, Advocate SR.21219 LRS(CO) EU 21.04.2015 Crl. O.P. No.9956 of 2015 https://hcservices.ecourts.gov.in/hcservices/