Madras High CourtCRL OP/22102/2016disposed of

Latha, Age 50 v. The Superintendent Of Police

2016-09-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.22102 of 2016 Latha ... Petitioner Vs.

1. The Superintendent of Police, Salem District.

2. The Inspector of Police, Gengavalli Police Station Salem District, Crime No. 236 of 2016.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge, Salem to accept the petitioner bail application and consider the bail application on the same day in favour petition in Crime number 236 of 2016 on the file of respondent police. For Petitioner : Mr.Karan For Respondents: Mr. C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the Principal Sessions Judge, Salem to consider the petitioner bail application, on the same day, in Crime No.236 of 2016.

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), 323, 354, 306 of IPC r/w 3(1)(r) 3(1)(s) and 3(2)(va) 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 Additional Public Prosecutor takes notice for the respondents and submitted that in this case, A1 and A3 were arrested and the petitioner is mother of A1. https://hcservices.ecourts.gov.in/hcservices/

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, Salem, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.236 of 2016 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.

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

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

1. The Superintendent of Police, Salem District.

2. The Inspector of Police, Gengavalli Police Station Salem District,

3. The Principal Sessions Judge, Salem.

4. The Public Prosecutor, High Court, Madras.

1 cc to Mr.Karan, Advocate Sr.56326 Crl.OP.No.22102 of 2016 LRS(CO) EU 03.10.16 https://hcservices.ecourts.gov.in/hcservices/