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Madras High CourtCRL OP/24258/2018dismissed

Manimaran @ Jayachandran v. The State Represented By

2018-10-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.24258 of 2018 Manimaran @ Jayachandran .. Petitioner Vs.

The State rep. by Inspector of Police, Anandhapuram Police Station, Villupuram District.

(Crime No.374 of 2012) .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to pass an order of Direction, directing the Hon'ble Additional Sessions Judge, (PCR.) Special Judge for Prevention of SC/ST Atrocities Act, Villupuram, and to consider the Anticipatory bail application on the same day by the on such terms and conditions concerned in Crime No.374 of 2012, on the file of Inspector of Police, Anandhapuram Police Station, Villupuram District.

For Petitioner : Mr.S.Viswagandhi For Respondent : Mrs.M.Prabhavathi, APP

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 to consider the petitioner bail application on the very same day in the Hon'ble Additional Sessions Judge, (PCR.) Special Judge for Prevention of SC/ST Atrocities Act, Villupuram, in the event of arrest in the hands of Respondent in Cr.No.374 of 2012 pending investigation on the file of the respondent police.

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), 324 and 506 [ii] of IPC r/w Section 3(1)(x) of SC/ST [POA] Act 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.It is seen that investigation in Crime No.374 of 2012 has been completed and the case was taken on file as S.C.No.44 of 2016. This petitioner has been in abscondance through out the trial and therefore, the case against him has been split up. In such view of the matter, the usual relief cannot be granted to the petitioner and it is open to the petitioner to surrender before the trial Court.

With the above observation, this petition is dismissed. Dua Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To

1. The Additional Sessions Judge, (PCR.) Special Judge for Prevention of SC/ST Atrocities Act, Villupuram.

2.The Inspector of Police, Anandhapuram Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Viswagandhi, Advocate S.R.No.71288 KR/26/10/2018 CRL.OP.No.24258 of 2018 https://hcservices.ecourts.gov.in/hcservices/