Madras High Court
R.Boopalan vs State By on 3 June, 2016
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.06.2016 CORAM: THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11432 of 2016 R.Boopalan .. Petitioner Vs. State by: Inspector of Police, H-3, Maraimalai Nagar Police Station, Kancheepuram District. (Crime No.394 of 2016) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge at Chengalpet to consider the bail application on merits on the surrender of the petitioner/accused in connection with Crime No.394 of 2016 on the file of the respondent Police. For Petitioner :: Mr.L.Ramu For Respondent :: Mr.C.Emalias Additional Public Prosecutor 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 the learned Principal Sessions Judge at Chengalpet, to consider the bail application of the petitioner on the same day on his surrender in Crime No. 394 of 2016 pending on the file of the respondent.
2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 436, 429, 506(i) IPC., r/w 3(1)(t) of S.C./S.T. (Prevention of Atrocities) Amendment Act 2016 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. P.N.PRAKASH,J ds
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 learned Principal Sessions Judge at Chengalpet, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.394 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.
03.06.2016 ds Note : Issue order copy on 07.06.2016 To
1.The Inspector of Police, H-3, Maraimalai Nagar Police Station, Kancheepuram District.
2.The Principal Sessions Judge, Chengalpet.
3.The Public Prosecutor, High Court, Madras.
Crl. O.P. No.11432 of 2016