Krishnamoorthy, Aged 45 Years, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19638 of 2018 Krishnamoorthy .. Petitioner/Accused Vs The Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District.

(Crime No.329/2018) .. Respondent/Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal District Sessions Judge, Thiruvannamalai to accept the surrender of the petitioner and consider the bail petition on the very same day in crime No.329 of 2018 on the file of the respondent Police. For Petitioner : Mr.S.Ramesh For Respondent : Mr.C.Raghavan, Govt. Advocate

O R D E R

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned Principal District Sessions Judge, Thiruvannamalai to consider the bail application of the petitioner on the same day on his surrender in Crime No.329 of 2018 pending on the file of the respondent.

2.The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 294(b), 323 and 324 IPC r/w Sections 3(1)(r) and 3(1)(s) of SC/ST [POA] Amendment 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 Government Advocate takes notice for the respondent.

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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 SC/ST [POA] Amendment Act that the petitioner cannot move any anticipatory bail, the learned Principal District Sessions Judge, Thiruvannamalai is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.329 of 2018 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 the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gya To 1.Principal District Sessions Judge, Thiruvannamalai.

2.The Inspector of Police, Arni Taluk Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.S.RAMESH, Advocate, S.R.No. 54570 CRL.OP.No.19638 of 2018 AK(CO) TR(09/08/2018) https://hcservices.ecourts.gov.in/hcservices/