Madras High CourtCRL OP/13838/2015disposed of

Ravichandran v. The Deputy Superintendent Of

2015-06-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.13838 of 2015 1.Ravichandran 2.Kalimuthu

...Petitioners/Accused 2 & 3

Vs State rep.by The Deputy Superintendent of Police, Kumaralingam Police Station, Udumalpet Sub Division, Tiruppur District.

...Respondent/Complainant

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District and Session Judge, Tiruppur -cum- Special Judge, for SC/ST Act, Tiruppur, to consider the bail application of the petitioner on the same day in the event of their surrender in connection with Crime No.197 of 2015 on the file of the respondent. For Petitioners :Mr.W.Camyles Gandhi For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

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 and Session Judge, Tiruppur -cum- Special Judge, for SC/ST Act, Tiruppur, to consider the bail application of the petitioners on the same day on their surrender in Crime No.197 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 Sections 147, 323, 324 IPC read with 3(i)(r) and (s) 3(2)(va) of S.C. & S.T. (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 and Session Judge, Tiruppur -cum- Special Judge, for SC/ST Act, Tiruppur, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.197 of 2015 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.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mps To 1.The Principal District and Session Judge, Tiruppur -cum- Special Judge, for SC/ST Act, Tiruppur.

2.The Deputy Superintendent of Police, Kumaralingam Police Station, Udumalpet Sub Division, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

1 CC to Mr.W.Camyles Gandhi, Advocate SR.No. 27252 Crl.OP.No.13838 of 2015 RV (CO) PSI (08.06.2015) https://hcservices.ecourts.gov.in/hcservices/