Disposed

Deivasigamani, Aged 46 Years v. the State Rep. by

Madras HC22 Aug 2016CRL OP/18810/2016

Case brief

AI extract

What is this about?

The Court granted a direction for the Special Court to consider the petitioner's bail application on the day of surrender within two weeks, notwithstanding the statutory bar on anticipatory bail under the SC/ST Act.

What did the court decide?

Directed the Special Court to consider and dispose of the petitioner's bail application on the day of surrender within two weeks.

Deivasigamani, Aged 46 Years Vs the State Rep. by — Caste Atrocities | Madras HC (2016)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 22.08.2016

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

¶6

Crl.OP.No.18810 of 2016

¶7

Deivasigamani .. Petitioner

¶8

¶9

The State Rep.by Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore District. Crime No.10 of 2016 .. Respondent

¶10

Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Mahila Judge/ The Special Court, Cuddalore, Cuddalore District to consider the bail application of the petitioner herein on the very day of surrender pertaining to the crime No.10 of 2016 on the file of the All Women Police Station, Virudhachalam, Cuddalore District.

¶11

For Petitioner :Mr.M.Guruprasad For Respondent :Mr. C.Emalias Additional Public Prosecutor

¶12

¶13

ORDER

¶14

This criminal original petition has been filed seeking a direction to the learned Mahila Judge/ The Special Court, Cuddalore, Cuddalore District to consider the bail application of the petitioner herein on the very day of surrender pertaining to the crime No.10 of 2016 on the file of the All Women Police Station, Virudhachalam, Cuddalore District.

¶15

The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Section 4 of Protection of Child From Sexual Offences Act 2012, R/w 3 (1)(w)(i) and 3(1)(w)(ii) of SC/ST (Prevention of Atrocities) Amendment Ordinance Act, 2015 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.

¶16

The learned Additional Public Prosecutor takes notice for the respondent and submits that Vinothkumar and his mother Anjalai have been arrested and that, Anjalai has been released on bail in C.M.P.No.278 of 2016 by the trial Court, Cuddalore.

¶17

On a reading of the FIR, it is seen that Vinothkumar

¶18

¶19

(A1) appears to have had sexual relationship with the defacto complainant a minor girl and thereafter, she became pregnant. He had refused to marry her. It is seen that the allegation against the petitioner is that he had abused the defacto complainant.

¶20

5.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.

¶21

The Mahila Judge/ The Special Court, Cuddalore, Cuddalore District, is directed to consider, on the petitioner's surrendering before the said Court within a period of two weeks from the date of receipt of a copy of this order, the bail application, in the event of the petitioner's filing such petition in Crime No.10 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.

¶22

With this observation, this criminal original petition is disposed of accordingly.

¶23

22.08.2016

¶24

sms

¶25

Note: Issue order copy on 23.08.2016

¶26

P.N.PRAKASH,J.

¶27

¶28