Madras High CourtCRL OP/21708/2016disposed of

Jagan @ Jaganathan v. The Deputy Superintendent Of

2016-09-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.21708 of 2016 Jagan @ Jaganathan ... Petitioner Vs

1. The Deputy Superintendent of Police, Cheyyar, Cheyyar Taluk, Thiruvannamalai District.

2. The Inspector of Police, Pernamallur Police Station, Peranamallur, Thiruvannamalai District, Crime No. 206/2016 ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge, Thiruvannamalai, accept the surrender of the petitioner in Crime No. 206/2016 on the file of Respondent Police and consider the bail petition on the same day. For Petitioner : Mr.D.Jaganathan For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the Principal Sessions Judge, Thiruvannamalai, to accept the surrender of the petitioner and consider the bail petition in Crime No. 206/2016 on the same day itself.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 324, 506(2) IPC read with Section 3(1) (x) SC/ST (Prevention of Atrocities) Act, 1986 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 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 learned Principal Sessions Judge, Thiruvannamalai, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.206 of 2016 on the file of the respondent police, within a period of two weeks from the date of receipt of the copy of this order, and dispose of the same on merits and in accordance with law on the same day.

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

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rts To

1. The Principal Sessions Judge, Thiruvannamalai.

2. The Deputy Superintendent of Police, Cheyyar, Cheyyar Taluk, Thiruvannamalai District.

3. The Inspector of Police, Pernamallur Police Station, Peranamallur, Thiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

Crl.OP.No.21708 of 2016 MG(CO) CA(28/09/2016) https://hcservices.ecourts.gov.in/hcservices/