Madras High CourtCRL OP/3982/2016disposed of accordingly

N.Kumaran v. State Rep By

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.3982 of 2016 1.N.Kumaran 2.B.Balaji G.Moorthi .. Petitioners/Accused Vs.

State rep.by The Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.

(Crime No.66 of 2016) .. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Special Court/Principal Sessions Court, Krishnagiri to consider the petitioners bail petition on the same day of their surrender before the Court in connection with the crime No.66 of 2016 on the file of the Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.

For Petitioners :Mr.P.M.Jayachandran For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Special Court/Principal Sessions Court, Krishnagiri to consider the petitioners bail petition on the same day of their surrender before the Court in connection with the crime No.66 of 2016 on the file of the Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.

2. The learned counsel appearing for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 323 IPC r/w 3(1) (X) of SC/ST 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 Special Court/Principal Sessions Court, Krishnagiri, is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.66 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. This petition is disposed of accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sms/kal To

1. The Special Court/Principal Sessions Court, Krishnagiri

2. The Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.

(Crime No.66 of 2016) 3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.M.Jayachandran Advocate sr.11175 Crl.OP.No.3982 of 2016 aa25/02/2016 https://hcservices.ecourts.gov.in/hcservices/