Madras High CourtCRL OP/15765/2018disposed of

Prabakaran, Aged 29 Years, v. State Rep. By,

2018-06-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15765 of 2018 Prabakaran .. Petitioner Vs State rep. by The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

(Crime No.183 of 2018) .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District Sessions Judge, Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner's surrender in connection with Cr.No.183/2018 pending investigation on the file of the respondent police, Cuddalore District.

For Petitioner : Mr.K.Gandhi Kumar 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 Judge, Cuddalore, to consider the bail application of the petitioner on the same day on his surrender in Crime No.183 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), 341, 324 and 506[ii] of IPC r/w Sections 3(1)(x) of SC/ST [Prevention of Atrocities] Act, 1989 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.

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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, Cuddalore is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.183 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-II) //True Copy// Sub Assistant Registrar gya To 1.The Principal District Sessions Judge, Cuddalore.

2.The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.GANDHIKUMAR, Advocate, S.R.No. 38142 CRL.OP.No.15765 of 2018 KAN(CO) TR(20/06/2018) https://hcservices.ecourts.gov.in/hcservices/