Madras High CourtCRL OP/11718/2016disposed of

Lilly Theresa v. The Assistant Commissioner Of

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.11718 of 2016 1.Lilly Therasa 2.Lethesia Mary 3.Maria Arokia Rani .. Petitioners Vs State rep by The Assistant Commissioner of Police, Neelangarai, Adyar District, Chennai.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned District and Sessions Judge, Chengalpattu to accept their surrender and consider their bail application on the same day with respect to Cr.No.1042 of 2015.

For Petitioners : Mr.G.RM.Palaniappan 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 District and Sessions Judge, Chengalpattu [Spl. Judge for SC & ST Act] to consider the bail application of the petitioners on the same day on their surrender in Crime No.1042 of 2015 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 Section 3[1][x] 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.

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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 District and Sessions Judge, Chengalpattu [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.1042 of 2015 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.

gya s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The District and Sessions Judge, Chengalpattu.

2.The Assistant Commissioner of Police, Neelangarai, Adyar District, Chennai.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.G.R.M.Palaniappan, Advocate SR 30244 sns(co) prk8/6 CRL.OP.No.11718 of 2016 https://hcservices.ecourts.gov.in/hcservices/