Madras High CourtCRL OP/11488/2016disposed of

Thangavel v. The Inspector Of Police

2016-06-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.11488 of 2016 1.Thangavel 2.Tamilarasi 3.Manickkam 4.Gowtham .. Petitioners/Accused A1-A4 Vs State rep by The Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District Judge, (Special Judge for SC/ST (PA) Act 2014)Coimbatore to accept the surrender of the petitioners in connection with Crime No.126 of 2016 on the file of the respondent police to consider the bail petition filed by the petitioners on the same day, For Petitioners : Mr.P.Kalimuthu For Respondent : Mr.C.Emalias, APP

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 District Judge, Coimbatore [Spl. Judge for SC & ST Act] to consider the bail application of the petitioners on the same day on their surrender in Crime No.126 of 2016pending 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 294[b], 323, 324, 506[ii] IPC r/w 3[1][x], 3[2][v] of SC & ST [Prevention of Atrocities] 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. https://hcservices.ecourts.gov.in/hcservices/

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 SC & ST [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal District Judge, Coimbatore [Spl. Judge for SC & ST Act] is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.126 of 2016 on the file of the respondent police and dispose of the same on merits, in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gya To 1.The Principal District Judge, Coimbatore. [Spl. Judge for SC & ST Act] 2.The Inspector of Police, Mahalingapuram Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.P.Kalimuthu, Advocate, sr.30317 CRL.OP.No.11488 of 2016 ca co kra 07.06.2016 https://hcservices.ecourts.gov.in/hcservices/