IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.02.2017 CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP.No.3757 of 2017
E.Selvamani .. Petitioner Vs.
State rep.by The Inspector of Police, E-2, Thirukazhukundram Police Station, Kancheepuram District.
(in Crime No.535 of 2014) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Sessions Judge, Chengalpet to consider the petitioner's bail application on the same day of his surrender in connection with PRC.No.10/2015 in crime No.535 of 2014 on the file of the District Munsif-cum-Judicial Magistrate at Thirukazhukundram.
For Petitioner : Mr.T.V.G.Kartheeban For Respondent : Mr.C.Emalias Additional Public Prosecutor ORDER This Criminal Original Petition has been filed to direct the Sessions Judge, Chengalpet to consider the petitioner's bail application on the same day of his surrender in connection with PRC.No.10/2015 in crime No.535 of 2014 on the file of the District Munsif-cum-Judicial Magistrate at Thirukazhukundram.
2. The learned counsel appearing for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 323, 324, 506(ii) of IPC and Section 3(1)(x) of SC/ST (POA) Act, 1989 (Prevention of Atrocities 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.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor 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 Sessions Judge, Chengalpet, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.535 of 2014 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.
24.02.2017
smi To
1. The Sessions Judge, Chengalpet
2. The District Munsif-cum-Judicial Magistrate Thirukazhukundram.
3. The Inspector of Police, E-2, Thirukazhukundram Police Station, Kancheepuram District.
4. The Public Prosecutor, High Court, Madras.
K.KALYANASUNDARAM, J.
Crl.OP.No.3757 of 2017 24.02.2017