The High Court directed the Sessions Judge in Krishnagiri to consider the petitioner's bail application on the day of surrender in a case involving offences under the SC/ST Act, overriding the statutory bar on anticipatory bail.
Directed petitioner to surrender within ten days; Sessions Court to consider bail application on the same day of surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.6306 of 2015
J.Seenivasan @ Seenu ... Petitioner/Accused
Vs. State rep. by The Inspector of Police Uthangari Police Station Krishnagiri District. Crime No.530 of 2014 ... Respondent/Complainant
Prayer :
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to directing the learned Principal Sessions Judge, Krishnagiri to consider the bail application of the petitioners herein in Crime No.530 of 2014 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, Krishnagiri to consider the bail application of the petitioner herein in Crime No.530 of 2014 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 3(1)(r) and (s) of SC and ST Act, 1989 and SC/ST (Prevention of Atrocities) Amendment Ordinance, 2014 in Crime No.530 of 2014 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(R)
Dt:18/3/2015
True Copy
Sub-Assistant Registrar
To
1. The Inspector of Police
Uthangari Police Station
Krishnagiri District.
2. The Public Prosecutor
High Court, Madras.
+ 1 cc to Mr.V.P.Sengottuvel, Advocate SR 13845
sr(co)
prk19/3
Crl.O.P.No.6306 of 2015
2 issues framed by the court
Whether the High Court can direct the Sessions Court to consider a bail application on the day of surrender despite the bar under Section 18 of the SC/ST Act.
Whether an accused facing charges under the SC/ST Act can bypass the Section 18 bar by moving a Criminal Original Petition for bail consideration.
3 provisions across 3 enactments
J.Seenivasan @ Seenu
State rep. by The Inspector of Police Uthangari Police Station Krishnagiri District
R.S.Ramanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
