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Madras High CourtCRL OP/11217/2016ordered

Jeeva, v. State Rep. By Inspector Of

2016-05-25Honourable Mr Justice B. Gokuldas(Retd.)2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.GOKULDAS Crl.O.P.No.11217 of 2016 1.Jeeva 2.Vijaya ..

Petitioners Vs.

State, Rep.by Inspector of Police, All Women Police Station, Thiruvannamalai & District.

Crime No.9 of 2016.

..

Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction to direct the Principal Sessions Judge at (Special Judge for SC/ST Act) Thiruvannamalai to consider their bail application on the same day in connection with in Crime No.9 of 2016 on the file of the respondent herein upon surrender of the petitioners before them. For Petitioners : Mr. R.Balakrishnan For Respondent : Mr.K.Prabakar Government Advocate (Crl.side)

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 to the learned Principal Sessions Judge at (Special Judge for SC/ST Act) Thiruvannamalai to consider the bail application of the petitioners on the same day on their surrender in Crime No.9/2016 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 376 IPC and Sections 3(1)(w)(i), 3(1)(w)(ii) of SC/ST Act 1989 B.GOKULDAS,J.

kal/ssd Amended in 2014 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 (Crl.side) takes notice for the respondents and he further submits that A1 was arrested.

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 Principal Sessions Judge at (Special Judge for SC/ST Act) Thiruvannamalai, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No. 9 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. 26.05.2016 To Inspector of Police, All Women Police Station, Thiruvannamalai & District.

Crime No.9 of 2016.

Crl.O.P.No.11217 of 2016