M.Paranthaman, M/A 32 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20051 of 2018 1.M.Paranthaman 2.M.Mohanraj 3.M.Vignesh 4.D.Raghu 5.P.Iyyappan 6.H.Krishnamoorthy 7.M.Sukendiran .. Petitioners Vs The State rep. by The Inspector of Police, Omarabad Police Station, Omarabad, Ambur, Vellore District.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal Sessions Judge, Vellore to consider and dispose the bail petition seeking the petitioners/accused to be enlarged on bail on the same day on which they are appearing surrendering himself before the Principal Sessions Court at Vellore, pending investigation in the complaint and the Crime No.215/2018 on the file of the Inspector of Police, Omarabad Police Station at Omarabad, Vellore District.

For Petitioners : Mr.S.Pachaiyappan For Respondent : Mr.C.Raghavan, Govt. Advocate

O R D E R

The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the learned Principal Sessions Judge, Vellore, to consider the bail application of the petitioners on the same day on their surrender in Crime No.215 of 2018 pending on the file of the respondent.

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2.The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294[b], 323, 324, 506 [ii] IPC r/w Section 3(1)(r) and 3(1)(s) of SC/ST [POA] Amendment Act, 2015 and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

3.The learned Government Advocate 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 SC/ST [POA] Amendment Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.215 of 2018 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gya To 1.Principal Sessions Judge, Vellore.

2.The Inspector of Police, Omarabad Police Station, Omarabad, Ambur,Vellore District.

3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.S.Packaiyappan, Advocate, S.R.No.55541 CRL.OP.No.20051 of 2018 SP(14/08/2018) https://hcservices.ecourts.gov.in/hcservices/