Madras High CourtCRL OP/21277/2016ordered

P.Jeyaram @ Jayaraman, Age 36 v. State Represented By

2016-09-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.21277 of 2016 P.Jeyaram @ Jayaraman ... Petitioner Vs State, represented by The Inspector of Police, Sirumugai Police Station, Coimbatore District.

(Crime No.198 of 2016) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue a direction to the learned Principal District Judge [Special Judge for SC/ST [PA] Act 1989] Coimbatore to accept the surrender of the petitioner in connection with Crime No.198 of 2016 on the file of the respondent, Sirumugai Police Station, Coimbatore District to consider the bail petition filed by the petitioner on the same day in accordance with law.

For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal District Judge [Special Judge for SC/ST [PA] Act 1989] Coimbatore to accept the surrender of the petitioner in connection with Crime No.198 of 2016 on the file of the respondent to consider the bail petition filed by the petitioner on the same day in accordance with law.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 323 of IPC r/w 39[1] [r], 3[1], [s] [va] of SC/ST [PA] Amendment Ordinance Act 2015 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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned Principal District Judge [Special Judge for SC/ST [PA] Act 1989] Coimbatore is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.198 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 Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds To

1. The Principal District Judge [Special Judge for SC/ST [PA] Act 1989] Coimbatore .

2. The Inspector of Police, Sirumugai Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.P.Kalimuthu, Advocate, S.R.No.52723 Crl.OP.No.21277 of 2016 RV(CO) CA(20/09/2016) https://hcservices.ecourts.gov.in/hcservices/