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Madras High CourtCRL OP/23253/2016closed

Balaji M/A 22 Years v. The State By Its

2016-10-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23253 of 2016 Balaji ... Petitioner Vs The State rep. by The Inspector of Police, Anaikaranchattiram Police Station, Sirkali, Nagapattinam District.

... Respondent CR.No.369/2016 Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Special Court for the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act at Nagapattinam to consider their bail application on the same day on merits in accordance with law in the event of his surrender of the petitioner in connection with Crime No.369 of 2016 pending on the file of the Respondent.

For Petitioner :

Mr.A.Velmurugan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Special Court for the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act at Nagapattinam to consider their bail application on the same day on merits in accordance with law in the event of his surrender of the petitioner in connection with Crime No.369 of 2016 pending on the file of the respondent.

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), 452, 324 & 506(ii) of IPC and 3(1) of TNPPDL Act R/w Section 3(i)(r), 3(i)(s) and 3 (ii)5(a) SC's/ST's (POA) Amendment Ordinance 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 respondent.

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 *I Additional District & Sessions Judge,

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

Sd/- Asst. Registrar.

Dt.21.10.2016 *Corrected order to be issued sd/- Assistant Registrar Dt.24.11.16 /true copy/ Sub Asst. Registrar.

mk To

1. The I Additional District & *To be Substituted to the Sessions Judge (PLR) order already despatched Thanjavur.

on 24.10.16

2. The Inspector of Police, Anaikaranchattiram Police Station, Sirkali, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr. A. Velmurugan, Advocate Sr.No.59284 Crl.OP.No.23253 of 2016 MD : 21/10/2016 krd 24/11 https://hcservices.ecourts.gov.in/hcservices/