Madras High CourtCRL OP/20930/2016disposed of

Kumar Aged 43 Yrs v. The Inspector Of Police

2016-09-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.20930 of 2016 Kumar ... Petitioner/accused Vs State Rep by The Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District ... Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District and Sessions Judge [Spl. Judge for SC/ST cases], Tiruvannamalai to consider the bail petition on the same day in the event of the bail petition filed by the petitioner in the case in Crime No.371 of 2016 pending investigation on the file of the respondent police.

For Petitioner : Mr.S.Silambuselvan 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 District and Sessions Judge [Spl. Judge for SC/ST cases], Tiruvannamalai to consider the bail application of the petitioner on the same day on his surrender in Crime No.371 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 294[b] and 506[i] IPC r/w Section 3[1][r] of SC & ST [POA] Amendment Ordinance, 2014 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 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 said Act that the petitioner cannot move any anticipatory bail, the learned Principal District and Sessions Judge [Spl. Judge for SC/ST cases], Tiruvannamalai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.371 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 To 1.The Principal District and Sessions Judge, [Spl. Judge for SC/ST cases], Tiruvannamalai.

2.The Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.S.Silambu Selvan, Advocate Sr.52129 CRL.OP.No.20930 of 2016 rsk[co] srg 16/09/2016 https://hcservices.ecourts.gov.in/hcservices/