Madras High CourtCRL OP/20092/2018disposed of

A.Aravind, M/21 v. State Rep By Its

2018-08-13Honourable Mr Justice P. N. Prakash2 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.20092 of 2018 1.A.Arvind 2.M.Periyasamy 3.S.sundarapandi ..

Petitioners Vs State rep. by its Inspector of Police, Keezhakuppam Police Station, Villupuram District.

Cr.No.287/2018 .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the District Sessions Court at Villupuram to consider the bail petition filed by the petitioners on the same day in Crime No.287/2018 dated 04.08.2018 on the file of the Inspector of Police, Keezhakuppam Police Station and Villupuram District.

For Petitioners : Mr.P.Rajavel 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 District Sessions Judge, Villupuram, to consider the bail application of the petitioners on the same day on their surrender in Crime No.287 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], 341, 323, 506[1] IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) 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.

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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 District Sessions Judge, Villupuram is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.287 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.Principal Sessions Judge, Vellore.

2.Inspector of Police, Keezhakuppam Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Rajavel, Advocate sr.no.55538 CRL.OP.No.20092 of 2018 nr 14/08/2018 https://hcservices.ecourts.gov.in/hcservices/