P.Sellamuthu, Aged 59 Years, v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15023 of 2018 P.Sellamuthu .. Petitioner/Accused Vs 1.The Deputy Superintendent of Police, Kangeyam Sub Division, Tiruppur District.

2.The Inspector of Police, Vellakovil Police Station, Tiruppur District.

.. Respondents/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to directing the Special Judge for SC & ST Act cases/Principal Sessions Court, Tiruppur to entertain the bail petition to be filed by the petitioner, on the same date of his surrender, and to consider the same on merits in connection with the case in Crime No.285 of 2018 pending investigation on the file of the 1st respondent police.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.C.Raghavan, Govt. Advocate

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 Sessions Judge/Special Judge for SC & ST Act Cases, Tiruppur, to consider the bail application of the petitioner on the same day on his surrender in Crime No.285 of 2018 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 355 of IPC r/w Sections 3 (1)(r), 3(1)(s) and 3(2)(v-a) of SC/ST [Prevention of Atrocities] Amendment 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. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Government Advocate 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 SC/ST [Prevention of Atrocities] Act that the petitioner cannot move any anticipatory bail, the learned Principal Sessions Judge/Special Judge for SC & ST Act Cases, Tiruppur, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.285 of 2018 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 the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Special Judge for SC & ST Act Cases, Tiruppur. 2.The Deputy Superintendent of Police, Kangeyam Sub Division, Tiruppur District.

3.The Inspector of Police, Vellakovil Police Station, Tiruppur District. 4.The Public Prosecutor High Court Madras +1 cc to Mr.N.Manokaran Advocate sr 56081 CRL.OP.No.15023 of 2018 aa11/06/2018 https://hcservices.ecourts.gov.in/hcservices/