Madras High CourtCRL OP/11498/2015closed

Vignesh v. State Rep. By

2015-04-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11498 of 2015 1.Vignesh, 2.Chandrasekar .. Petitioners(Accused 3 & 4) Vs.

State Rep by The Inspector of Police, Kallavi Police Station, Krishnagiri District.

.. Respondent (Complainant) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District Sessions Judge cum Special Judge for SC/St Act cases, Krishnagiri to consider the bail application filed by the petitioner in connection with the Crime No.92/2015 on the file of the Inspector of Police, Kallavi Police Station, Krishnagiri District on their surrender on the same day on sympathetic ground. For Petitioners :: Mr.T.Panchatsaram For Respondent :: Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction of the learned Principal District Sessions Judge cum Special Judge for SC/ST Act cases, Krishnagiri to consider the bail application filed by the petitioners in connection with the Crime No.92/2015 on the file of the Inspector of Police, Kallavi Police Station, Krishnagiri District on their surrender on the same day on sympathetic ground.

2. The learned counsel for the petitioner also submits that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323 IPC and 3(1) TNPPDL Act and 3 (1),(r), 3(1), (3) and SC, ST Act Prevention of Atrocities) Amendment Ordinance Act 2014. 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 counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

4. Considering the submissions of both sides and also considering the nature of the prayer in this case and 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 Principal District Sessions Judge cum Special Judge for SC/ST Act cases, Krishnagiri, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.92 of 2015 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

5. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar jbm/ds To 1.The Inspector of Police, Kallavi Police Station, Krishnagiri District.

2.The Principal District Sessions Judge cum Special Judge for SC/ST Cases, Krishnagiri 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.T. Panchatsaram, Advocate, Sr. 24537 Crl. O.P. No.11498 of 2015 SSI (CO) kk 5/5 https://hcservices.ecourts.gov.in/hcservices/