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Madras High CourtCRL OP/5656/2016ordered

Leela Krishnan v. The Superintendent Of Police

2016-03-15Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP.No.5656 of 2016 Leela Krishnan .. Petitioner/Accused-1

Versus

1. The Superintendent of Police, Thiruvallur District, Thriuvallur.

2. The Inspector of Police, Periyapalayam Police Station, Tiruvallur Taluk.

..Respondents/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Principal District and Sessions Court, Thiruvallur, to accept surrender of the petitioner and consider the bail application of the petitioner in Cr.No.36 of 2016 on the file of the second respondent, on the very same day of presentation after surrender.

For Petitioner : Mr.N.Anandan Venkatsh For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Principal District and Sessions Court, Thiruvallur, to accept surrender of the petitioner and consider the bail application of the petitioner in Cr.No.36 of 2016 on the file of the second respondent, on the very same day of presentation after surrender before the learned Principal District and Sessions Court, Thiruvallur.

2. The learned counsel appearing for the petitioner submits that the petitioner is being implicated in this case for the alleged offences under Sections 9, 16, 18, 20 of the Bonded Labour (Prohibition) Act, 1976, Section 370 (3,5), 371, 341 r/w Section 3(1)(h) of the SC & ST POA Act, 1989 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. Heard the learned Additional Public Prosecutor appearing 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 and Sessions Judge, Tiruvallur, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.36 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day. With this observation, this petition is disposed of accordingly.

smi (Sd) Assistant Registrar(CO) True copy Sub Assistant Registrar.

To

1. The Superintendent of Police, Thiruvallur District, Thriuvallur.

2. The Inspector of Police, Periyapalayam Police Station, Tiruvallur Taluk.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.N.Anand Venkatesh, Advocate SR 16603 ad(co) prk21/3 Crl.OP.No.5656 of 2016 https://hcservices.ecourts.gov.in/hcservices/