Madras High CourtCRL OP/27245/2019disposed of

Santhi v. State Rep By

2019-10-10Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2019

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Crl.O.P. No.27245 of 2019 Santhi ... Petitioner Vs.

State, rep. by The Inspector of Police, Thirutharaipoondi Police Station, Tiruvarur District ... Respondent Criminal Original Petition has been filed under Section 482 Cr.P.C., to direct the learned Special Court for SC and ST cases at Tanjavur to consider the bail application of the petitioner on the same day on merits in the event of her surrender in connection with Crime No.357 of *2019, on the file of the respondent.

For Petitioner : Mr.T.Muruganantham For Respondent : Mr.C.Raghavan,Govt.Advocate

ORDER

The petitioner has come forward with this petition for a direction to the Special Court for SC and ST cases at Tanjavur, to consider the bail application to be filed by her in connection with Crime No.357 of *2019 on the file of the respondent police, on the same day itself of her surrender. 2.The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 448, 294(b), 323 and 506(2) of IPC and Section 3(1)(r), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and in view of the specific bar under Section 18 of the said Act, she cannot move any anticipatory bail application and therefore, the petitioner has come forward with the prayer mentioned supra.

3.The learned Government Advocate takes notice for the respondent.

4.Considering the submissions of both sides and also considering the nature of the prayer in this case and in view https://hcservices.ecourts.gov.in/hcservices/

of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Amendment Act, 2015 that the petitioner cannot move any anticipatory bail, the Special Court for SC and ST cases at Tanjavur, is directed to consider the bail application to be filed by the petitioner in Crime No.357 of *2019, on the file of the respondent police, in the event of her surrender before the Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, after issuing notice to the victims under Section 15 (A) of the SC/ST Act, dispose of the same on merits and in accordance with law on the same day.

5.With the above observations, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CS IX ) *Corrected as per order of this court dt 12/11/2019 in Crl.MP.No.16332/2019 in Crl.OP.No.27245/2019 -s/dAssistant Registrar(CSIX) dt 13/11/2019 /true copy/ Sub Asst. Registrar msk To to be substituted to 1.The Special Court for SC & ST Cases, the order already Thanjavur.

despatched on 14/10/2019 2.The Inspector of Police, Thirutharaipoondi Police Station, Tiruvarur District 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Muruganantham, Advocate sr.*93812 Crl.O.P. No.27245 of 2019 nr 10/10/2019 aa13/11/2019 https://hcservices.ecourts.gov.in/hcservices/