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Madras High CourtCRL OP/15283/2018disposed of

Chandru, M/A 21 Years, v. The Inspector Of Police,

2018-06-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15283 of 2018 Chandru .. Petitioner/Accused Vs The Inspector of Police, Avalur Police Station, Vellore District.

(Crime No.77/2018) .. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District Sessions Judge-cum-Spl. Judge for SC/ST Act cases, Vellore to consider the bail petition filed by the petitioner in connection with Crime No.77 of 2018 on the file of the Inspector of Police, Avalur Police Station, Vellore District on the surrender on the same day on sympathetic ground.

For Petitioner : Mr.S.Sairaman For Respondent : 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 District Sessions Judgecum-Spl. Judge for SC/ST Act cases, Vellore, to consider the bail application of the petitioner on the same day on his surrender in Crime No.77 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 Sections 294(b), 323 and 506 [ii] of IPC r/w Sections 3(1)(s) and 3(1)(r) 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.

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 District Sessions Judge-cum-Spl. Judge for SC/ST Act cases, Vellore, is directed https://hcservices.ecourts.gov.in/hcservices/

to consider the bail application, in the event of the petitioner filing such petition in Crime No.77 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 IX) //True Copy// Sub Assistant Registrar gya To 1.The Principal District Sessions Judge, Spl. Judge for SC/ST Act cases, Vellore.

2.The Inspector of Police, Avalur Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sairaman, Advocate SR.No.36501 sm:13.6.2018 CRL.OP.No.15283 of 2018 https://hcservices.ecourts.gov.in/hcservices/