Madras High CourtCRL OP/20084/2018disposed of

Thulasiammal@Mariyal, F/57 v. State By,

2018-08-13Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20084 of 2018 1.Thulasiammal @ Mariyal 2.Chinnathambi 3.Ramamurthi 4.Duraisamy @ Ram 5.Sumathi 6.Vellingiri 7.Palaniammal 8.Sarojini 9.Palanisamy @ Saravanan 10.Senthil Arun 11.Shanmugam 12.Rajendran 13.Arumugam ..

Petitioners Vs State by Inspector of Police, Cheyyur Police Station, Tiruppur District.

Crime No.187/2018 ..

Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal District and Sessions Judge, Tirupur to entertain, consider and dispose of the bail application of the petitioners when they surrender before the said Court in Crime No.187 of 2018 pending on the file of the Inspector of Police, cheyyur Police Station, Avinashi Taluk, Tiruppur District.

For Petitioners : Mr.K.Govi Ganesan 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 District and Sessions Judge, Tirupur, to consider the bail application of the petitioners on

the same day on their surrender in Crime No.187 of 2018 pending on the file of the respondent.

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, 294[b], 353, 506[i] IPC and Section 4 of THPHW Act r/w Section 3(1)(i) 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 District and Sessions Judge, Tirupur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.187 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 To 1.The Principal District and Sessions Judge, Tirupur.

2.Inspector of Police, Cheyyur Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Govi Ganesan, Advocate sr.no.55854 CRL.OP.No.20084 of 2018 nr 14/08/2018