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Madras High CourtCRL OP/18728/2018disposed of

Rajesh @ Rajasekar, M/A 28 Y, v. The Deputy Superintendent Of

2018-07-25Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18728 of 2018 Rajesh @ Rajasekar ... Petitioner/A2 Vs The State rep. by its The Deputy Superintendent of Police Ulundurpet Sub Division Villupuram District.

...Respondent/Complainant

Criminal Original Petition filed under Section 482 Cr.P.C., seeking a direction to the learned Principal District Sessions Judge, Villupuram to consider the bail application filed by the petitioner on the same day on surrender in Crime No.670 of 2018 on the file of the respondent police. For Petitioner :

Mr.S.Saravana Kumar For Respondent :

Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal District Sessions Judge, Villupuram, to consider the bail application filed by the petitioner on the same day on surrender in Crime No.670 of 2018 on the file of the respondent police.

2. Today, Mr.Jafer, HC 568, Ulundurpet Police Station, Villupuram District, is present before this Court.

3. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 341, 294-B, 323, 355 and 506(i) of the Indian Penal Code, 1860 and 3(1)(r) and 3(1)(s) 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.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) takes notice for the respondent.

5. 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 District Sessions Judge, Villupuram, is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.670 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-VI) //True Copy// Sub Assistant Registrar mk To

1. The Principal District Sessions Judge, Villupuram.

2.

The Deputy Superintendent of Police Ulundurpet Sub Division Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.SARAVANAKUMAR, Advocate, S.R.No. 49714 Crl.OP.No.18728 of 2018 SVN(CO) TR(26/07/2018) https://hcservices.ecourts.gov.in/hcservices/