Madras High CourtCRL OP/24914/2016ordered

Ramamoorthy (Minor) v. The Sub-Inspector Of Police

2016-11-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24914 of 2016 Ramamoorthy ... Petitioner Vs

1. The Sub-Inspector of Police (L&O) Kallavi Police Station, Uthangarai T.K., Krishnagiri Dt.

2. The Deputy Superintendent of Police, Uthangarai, Krishnagiri Dt.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Juvenile Court Judge at Salem to consider the surrender and bail application of the petitioner and dispose the bail application on the same day pending investigation in Crime No.253 of 2016 on the file of the respondents police.

For Petitioner :

Mr.C.C.Sivakumar For Respondents :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Juvenile Court Judge at Salem to consider the surrender and bail application of the petitioner and dispose the bail application on the same day pending investigation in Crime No.253 of 2016 on the file of the 1st respondent police.

2. The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Section 147, *341, 323, 506(ii) of I.P.C., r/w Section 3(1)(x) 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/

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 Juvenile Court Judge, Salem District is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.253 of 2016 pending on the file of the 1st respondent police, within a period of two weeks from the date of receipt of a copy of this order and dispose of the same in accordance with law on the same day.

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

Sd/- Assistant Registrar(CS VII) Dated : 15.11.2016 *Corrected order to be substituted Sd/- Assistant Registrar(CS VII) Dated : 21.11.2016 //True Copy// Sub Assistant Registrar mk To

1. The Sub-Inspector of Police (L&O) To be Substituted Kallavi Police Station, Uthangarai T.K., Krishnagiri District

2. The Deputy Superintendent of Police, to the Order already Uthangarai, Krishnagiri District.

3. The Judge, Juvenile Court, despatched on Salem.

4. The Public Prosecutor, High Court, Madras.

16.11.2016 +1cc to Mr.C.C.Sivakumar, Advocate, S.R.No.65367 Crl.OP.No.24914 of 2016 SSI(CO) CA(15/11/2016) CA(21.11.2016) https://hcservices.ecourts.gov.in/hcservices/