Madras High CourtCRL OP/23292/2016closed

S.Praveen Kumar-36 Years v. State Rep. By

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.23292 of 2016 S.Praveen Kumar ... Petitioner Vs State rep. by Inspector of Police, Manali New Town Police Station, Thiruvallur District.

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Principal District Judge, Thiruvallur, Thiruvallur District to consider the bail application of the petitioner in Crime No.1093/2016 on the file of Inspector of Police, Manali New Town Police Station, Thiruvallur District, on the very same of his surrender and release him on bail.

For Petitioner :

Mr.T.R.Ravi For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Principal District Judge, Thiruvallur District to consider the bail application of the petitioner in Crime No.1093/2016 on the file of Inspector of Police, Manali New Town Police Station, Thiruvallur District, on the very same of his surrender and release him on bail.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 9, 16, 17, 18 of Bonded Labour System (Abolition) Act, 1976 and under Sections 370(3) 374 of IPC r/w 3 (1)(h) of 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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 District Judge, (Special Court for SC/ST Prevention of Atrocities Act) Thiruvallur District is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.1093 of 2016 pending on the file of 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 this observation, this criminal original petition is disposed of accordingly.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

mk To

1. The Principal District Judge, (Special Court for SC/ST Prevention of Atrocities Act) Thiruvallur, Thiruvallur District.

2. The Inspector of Police, Manali New Town Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr. T.R. Ravi, Advocate Sr.NO.59285 Crl.OP.No.23292 of 2016 MD : 21/10/2016 https://hcservices.ecourts.gov.in/hcservices/