Madras High CourtCRL OP/21547/2016ordered

Nathamuni Naidu, 48 Yrs v. State By

2016-09-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21547 of 2016 Nathamuni Naidu ... Petitioner Vs.

State of Tamil Nadu rep. by

1. The Deputy Superintendent of Police Tiruttani, Thiruvallur District.

2. The Sub Inspector of Police, Pothatturpet Police Station Thiruvallur District.

(Crime No.197 of 2016) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Session Judge, Thiruvallur to consider the petitioner's bail application on the same in the event of his arrest in Crime No.197 of 2016 pending investigation on the file of the respondent.

For Petitioner : Mr.C.Chokkalingam For Respondents : 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 Principal District and Session Judge, Thiruvallur to consider the petitioner's bail application on the same day in the event of his arrest in Crime No.197 of 2016 pending investigation 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 Sections 16, 17, 18 of the Bonded Labour System (Abolition) Act, 1976 and Sections 344, 374 of I.P.C., r/w 3(1)(h) of S.C. & S.T. (Prevention of Atrocities) Act 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, he has come forward with this https://hcservices.ecourts.gov.in/hcservices/

petition with the said prayer.

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

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 Principal District and Sessions Judge, Thiruvalur is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.197 of 2016, on the file of the respondent police, and to dispose of the same on merits and in accordance with law on the same day.

5.With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) (*) Corrected as per order dated 30/09/2016 in Crl.OP.No.21547/2016 sd/- Assistant Registrar (CO) dated : 04/10/2016 //True Copy// Sub Assistant Registrar rm To

1. The Principal District and Sessions Judge, To be Thiruvallur.

Substituted

2. The Deputy Superintendent of Police Tiruttani, to the order Thiruvallur District.

already

3. The Sub Inspector of Police, Pothatturpet Police Station Despatched on Thiruvallur District.

27/09/2016

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Chokkalingam, Advocate, S.R.No.53837 Crl. O.P. No.21547 of 2016 BVR(CO) CA(26/09/2016) MD (04/10/2016) https://hcservices.ecourts.gov.in/hcservices/