Madras High CourtCRL OP/21394/2016disposed of

N.Muthukrishnan, Aged 65 Yrs v. State Rep.By

2016-09-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.21394 of 2016 N.Muthukrishnan ... Petitioner Vs State rep. by Inspector of Police Ananthapuram Police Station Villupuram District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District and Sessions Judge, Villupuram to accept the surrender of the petitioner herein before him concerned in Crime No.195 of 2016 on the file of the Inspector of Police, Anandhapuram Police Station, Villupuram District and consider their bail petition on the same day itself.

For Petitioner :

Mr.K.Velayutham For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge, Villupuram to accept the surrender of the petitioner herein before him concerned in Crime No.195 of 2016 on the file of the Inspector of Police, Anandhapuram Police Station, Villupuram District.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(B), 352 of IPC r/w Section 3(1)(r) 3(1)(S) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 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.

https://hcservices.ecourts.gov.in/hcservices/

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 and Sessions Judge, Villupuram is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.195 of 2016 pending 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 VII) //True Copy// Sub Assistant Registrar mk To

1. The Inspector of Police Ananthapuram Police Station Villupuram District.

2. The Principal District and Sessions Judge, Villupuram.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Velayutham, Advocate, S.R.No.53082 Crl.OP.No.21394 of 2016 MP1(CO) CA(21/09/2016) https://hcservices.ecourts.gov.in/hcservices/