The High Court directed the petitioner to surrender within ten days and file a bail application. The Sessions Court must consider the application on merits on the same day of surrender.
Direction to surrender within ten days and apply for bail; direction to Sessions Court to consider bail application on merits on the same day of surrender.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2015
CORAM:
THE HON'BLE MR.JUSTICE R.S.RAMANATHAN
Crl.O.P.No.6305 of 2015
P.Subramaniam ... Petitioner/Accused
Vs. State rep. by The Inspector of Police Nambiyur Police Station Erode District. Crime No.11 of 2015 ... Respondent/Complainant
Prayer :
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to directing the learned Principal Sessions Judge, Erode to consider the bail application of the petitioners herein in Crime No.11 of 2015 on the file of respondent police, on the same day of their surrender.
For Petitioner : Mr.V.P.Sengottuvel For Respondent : Mr.M.Maharaja Additional Public Prosecutor ORDER
This petition is filed for direction to the learned Principal Sessions Judge, Erode to consider the bail application of the petitioner herein in Crime No.11 of 2015 on the file of respondent police, on the same day of his surrender.
2.The learned counsel for the petitioner would submit that the petitioner has been implicated in this case for the alleged offences under Sections 294(b) of IPC r/w Sections 3(1)(r) and (s) of SC and ST (Prevention of Atrocities) Amendment Ordinance, 2014 in Crime No.11 of 2015 and that in view of the specific bar under Section 18 of the SC/ST Act, he cannot move any anticipatory bail application and therefore, the petitioner has come forward with the above said prayer.
3.Heard the learned Additional Public Prosecutor appearing for the respondent.
4.Having regard to the facts and circumstances of the case, this Court direct the petitioner to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file necessary application for bail. The Court concerned shall consider the same and pass appropriate orders, on merits, on the same day of surrender of the petitioner.
5.This Criminal Original Petition is ordered accordingly.
pri
-s/d-
Assistant Registrar(J)
Dt:20/3/2015
True Copy
Sub-Assistant Registrar
To
1. The Inspector of Police
Nambiyur Police Station
Erode District.
2. The Public Prosecutor
High Court, Madras.
3. The Principal Sessions Judge,
Erode.
+ 1 cc to Mr.V.P.Sengottuvel, Advocate SR 13846
ctk(co)
prk23/3
Crl.O.P.No.6305 of 2015
1 issue framed by the court
Whether the High Court can direct the Sessions Judge to consider the bail application of the accused on the day of surrender in a case attracting the specific bar under Section 18 of the SC/ST Act.
3 provisions across 3 enactments
P.Subramaniam
State rep. by The Inspector of Police Nambiyur Police Station Erode District
R.S.Ramanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R.S.Ramanathan
Parties & counsel
