Madras High CourtCRL OP/23352/2016disposed of

Jeeva, Aged 35 Years v. State Rep. By

2016-10-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23352 of 2016 Jeeva ...

Petitioner/Accused Vs State Rep by:

The Inspector of Police, Arakonam Taluk Police Station, Vellore District.

Crime No.355 of 2016 ...

Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal District Sessions Judge, Vellore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with Cr.No.355 of 2016. For Petitioner :Mr.G.Punniakoti For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal District Sessions Judge, Vellore, to consider the bail application of the petitioner on the same day of his surrender and pass orders on merits in Crime No.355 of 2016 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 376, 417 506(i) of IPC r/w Section 3(1) (w)(i)(ii) and 3 (2V-a) of SC/ST (POA) Amendment Act, 2014 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.

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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 Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.355 of 2016 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 this observation, this Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.The Principal District Sessions Judge, Vellore. 2.The Inspector of Police, Arakkonam Taluk Police Station, Vellore District. 3.The Public Prosecutor,High Court, Chennai.

+1 CC to Mr. G. Punniyakotti, SR.No.59860 Crl.OP.No.23352 of 2016 MD : 24/10/2016 https://hcservices.ecourts.gov.in/hcservices/