Madras High CourtCRL OP/11377/2016disposed of

Rajiv v. The Inspector Of Police

2016-06-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.11377 of 2016 1.Rajiv 2.Malathi 3.Vidya 3.Palanisamy ...

Petitioners Vs State represented by The Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore District.

(Crime No.26 of 2016).

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue a direction to direct the Principal District Judge (Special Judge for SC/ST (PA) Act 2014) Coimbatore, to accept the surrender of the petitioners in connection with crime No.26 of 2016 on the file of the respondent, All Women Police Station, Thudiyalur, Coimbatore District on the file of the respondent to consider the bail petition filed by the petitioners on the same day in accordance with law.

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

ORDER

This Criminal Original Petition has been filed to direct the Principal District Judge (Special Judge for SC/ST (PA) Act 2014) Coimbatore to accept the surrender of the petitioners in connection with crime No.26 of 2016 on the file of the respondent police and to consider the bail petition filed by the petitioners on the same day in accordance with law.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 498(A), 506(i) IPC r/w 3(1) (R), 3(1) (S) of the SC/ST (Prevention of atrocities) amendment ordinance, 2014 and that in view of the specific bar under https://hcservices.ecourts.gov.in/hcservices/

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 Additional Public Prosecutor 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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the Learned Principal District Judge (Special Judge for SC/ST (PA) Act 2014) Coimbatore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.26 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 criminal original petition is disposed of accordingly.

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

1. The Principal District Judge, (Special Judge for SC/ST(PA) Act 2014) Coimbatore.

2. The Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.Kalimuthu, Advocate SR 30383 kgk(co) prk17/6 Crl.OP.No.11377 of 2016 https://hcservices.ecourts.gov.in/hcservices/