IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2009 CORAM THE HONOURABLE MR. JUSTICE K.N. BASHA Crl.O.P.No.29816 of 2008 K.Palani Andavar ... Petitioner Vs 1.The Station House Officer, Avinashi Police Station, Avinashi, Coimbatore Dist. 2.Karupasamy ... Respondents (R.2 impleaded as per order dt.12.01.2009 made in M.P.No.1 of 2009) Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Principal District and Sessions Judge, Coimbatore to consider the bail application on the same day in the event of the surrender of the petitioner and dispose the same in accordance with law in P.R.C.No.6 of 2008 on the file of the learned District Munsif cum Judicial Magistrate, Avinashi, Coimbatore District pending trial. For Petitioner : Mr.MA.P.Thangavel For respondents : Mr.A.Saravanan, G.A. (Crl.Side) O R D E R
The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking a direction to the learned Principal District and Sessions Judge, Coimbatore, to consider the bail application to be filed by the petitioner herein in connection with P.R.C.No.6 of 2008 on the file of the learned District Munsif cum Judicial Magistrate, Avinashi, on the same day itself on merits.
2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 427, 506 (ii) I.P.C. and under Section 3(1) of S.C. & S.T. (Prevention of Atrocities) Act and that in view of the specific bar under Section 18 of the said Act, he cannot move any anticipatory bail application and therefore the petitioner has come forward with the said prayer.
3. The learned Additional Public Prosecutor takes notice for the first 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 District and Sessions Judge, Coimbatore, is directed to consider the bail application, in the event of the petitioner filing such petition in P.R.C.No.6 of 2008 on the file of the learned District Munsif cum Judicial Magistrate, Avinashi, Coimbatore District and dispose of the same on merits and in accordance with law on the same day.
5. With this observation, this petition is disposed of.
sbi
To
1.The Judicial Magistrate No.III,
Coimbatore