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Madras High CourtCRL OP/11726/2016disposed of

Vijay, v. The Superindent 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.11726 of 2016 1.Vijay 2.Arumugam 3.Manjula Rajendran ... Petitioners/Accused Vs

1. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2. The Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal District and Sessions Judge at Thiruvanamalai (Special Judge of S.C & S.T) to consider the petition for Bail on the same day in the event of arrest by the Respondent of Police in Crime No.224 of 2016 punishable under Section 294(b), 342, 324 of IPC r/w Section 3(1)(r) of S.C. & S.T. Act on the file of the Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

For Petitioners : Mr.S.Jayakumar For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Principal District and Sessions Judge at Thiruvanamalai (Special Judge of S.C & S.T) to consider the petitioners bail application to be filed in Crime No.224 of 2016 on the file of the second respondent police on the same day.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the https://hcservices.ecourts.gov.in/hcservices/

alleged offences under Sections 294(b), 342, 324 IPC r/w Section 3(1), (r) of S.C. & S.t. Act 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 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 and Sessions Judge at Thiruvanamalai (Special Judge of S.C & S.T), is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.224 of 2016 on the file of the second 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.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sms To

1. The Principal District and Sessions Judge, Thiruvannamalai (Special Judge of S.C & S.T)

2. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

3. The Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Jayakumar, Advocate, S.R.No.31022 Crl.OP.No.11726 of 2016 KGK(CO) CA(15/06/2016) https://hcservices.ecourts.gov.in/hcservices/