Kolanji @ Kolanjiraj, A/43 Yrs v. The State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2018
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14773 of 2018 Kolanji @ Kolanjiraj ... Petitioner Vs The State Rep. by The Inspector of Police Kumaratchi Police Station Cuddalore District
...Respondent
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Special Judge (PCR Cases) / Principal Sessions Judge, Cuddalore to consider the bail petition of the petitioner on the same day on merits in Crime No.83 of 2018 on the file of the Inspector of Police, Kumaratchi Police Station, Cuddalore District. For Petitioner :
Mr.G.Pugazhenthi For Respondent :
Mrs.Kritika Kamal.P Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to direct the learned Special Judge (PCR Cases)/Principal Sessions Judge, Cuddalore to consider the bail petition of the petitioner on the same day on merits in Crime No.83 of 2018 on the file of the Inspector of Police, Kumaratchi Police Station, Cuddalore District.
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), 352 and 324 of the Indian Penal Code, 1860 and 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.
3. The learned Government Advocate (Crl. Side) 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 Special Judge (PCR Cases)/ Principal Sessions Judge, Cuddalore is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.83 of 2018 pending https://hcservices.ecourts.gov.in/hcservices/
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 in accordance with law on the same day. With this observation, this criminal original petition is disposed of.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mk To
1. The learned Special Judge (PCR Cases)/ Principal Sessions Judge, Cuddalore.
2. The Inspector of Police Kumaratchi Police Station Cuddalore District
3. The Government Advocate (Crl.Side), High Court, Madras.
+1cc to Mr.G.Pugazhenthi, Advocate Sr.No.35463 SS(CO) sm:7.6.2018 Crl.OP.No.14773 of 2018 https://hcservices.ecourts.gov.in/hcservices/