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Madras High CourtCRL OP/2188/2016disposed of accordingly

Shankar v. The State Rep By The

2016-02-23Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP.No.2188 of 2016 1.Shankar 2.Mahalingam 3.Gowtham 4.Murali ..

Petitioners Vs.

The State rep.by The Inspector of Police, Vedaranyam All Women Police Station, Nagapattinam District.

Cr.No.3 of 2016 ..

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Additional District Sessions Judge (PCR) at Tanjore to consider the bail applications of the petitioners in Cr.No.3 of 2016 on the file of the respondent, on the very same day of presentation after surrendering themselves before the learned Additional District Sessions Judge (PCR) at Tanjore.

For Petitioners :Mr.G.Magesh Kumar For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Additional District Sessions Judge (PCR) at Tanjore to consider the bail applications of the petitioners in Cr.No.3 of 2016 on the file of the respondent, on the very same day of presentation after surrendering themselves before the learned Additional District Sessions Judge (PCR) at Tanjore.

2. The learned counsel appearing for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 354 IPC r/w. Sec.3 (i) (XI) of SC & ST POA Act, 1989 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. Heard the learned Additional Public Prosecutor appearing 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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned Additional District Sessions Judge (PCR) at Tanjore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.3 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.

With this observation, this petition is disposed of accordingly.

sms/kal s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Vedaranyam All Women Police Station, Nagapattinam District.

Cr.No.3 of 2016

2. The Additional District Sessions Judge (PCR) at Tanjore

3. -Do- Principal Sessions Judge, Nagapattinam.

4. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.G.Mageshkumar, Advocate SR 11641 ksj(co) prk25/2 Crl.OP.No.2188 of 2016 https://hcservices.ecourts.gov.in/hcservices/