Madras High CourtCRL OP/17595/2018disposed of

Thavasi, Aged 16 Years, v. The State Rep. By Its

2018-07-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17595 of 2018 Thavasi ... Petitioner/Accused -2 Vs The State rep. by its The Inspector of Police Thiruvannainallur Police Station Villupuram District.

...Respondent/Complainant

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989, r/w New Amendment Act 2015) at Erode to accept the surrender of the petitioner herein connected in Crime No.504 of 2018 on the file of the Inspector of Police, Thiruvannainallur Police Station, Villupuram District and consider the bail petition on the same day itself.

For Petitioner :

Mr.P.Stephenson For Respondent :

Mrs.Kritika Kamal.P.

Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989, r/w New Amendment Act 2015) at Erode to accept the surrender of the petitioner herein connected in Crime No.504 of 2018 on the file of the Inspector of Police, Thiruvannainallur Police Station, Villupuram District and consider the bail petition 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, 323, 324 and 506(i) of https://hcservices.ecourts.gov.in/hcservices/

the Indian Penal Code, 1860 and 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 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 (Crl. Side) 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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989, r/w New Amendment Act 2015) at Erode is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.504 of 2018 pending 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 consider the same in accordance with law on the same day.

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

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar mk To

1. The Principal Session cum District Judge (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act 1989, r/w New Amendment Act 2015) Erode.

2.The Inspector of Police Thiruvannainallur Police Station Villupuram District.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.P.Stephensan, Advocate SR.No.45084 Crl.OP.No.17595 of 2018 BR(CO) GN(11/07/2018) https://hcservices.ecourts.gov.in/hcservices/