Madras High CourtCRL OP/20275/2016disposed of

K.Balasubramani v. The Inspector Of Police

2016-09-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.20275 of 2016 K.Balasubramani ... Petitioner Vs State Rep by The Inspector of Police, Namakkal Police Station, Namakkal District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Namakkal to consider the bail application of the petitioner herein in Crime No.773 of 2016 on the file of the respondent Police, on the same day of surrender. For Petitioner : Mr.V.P.Sengottuvel For Respondent : 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, Namakkal to consider the bail application of the petitioner on the same day on his surrender in Crime No.773 of 2016 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 Section 363, 342, 323, 379 and 506 [i] IPC r/w Section 3[1][s] of SC/ST 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.

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

4. Considering the submissions of both sides and also https://hcservices.ecourts.gov.in/hcservices/

considering the nature of the prayer in this case in view of the specific bar under Section 18 of the SC/ST Act, 1989 that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge, Namakkal is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.773 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 and in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Namakkal.

2.The Inspector of Police, Namakkal Police Station, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.V.P.Sengottuvel, Advocate, sr.50927 CRL.OP.No.20275 of 2016 bur co kra 08.09.2016 https://hcservices.ecourts.gov.in/hcservices/