Madras High CourtCRL OP/12112/2016disposed of

Gunavathy, v. The State Rep. By

2016-06-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.12112 of 2016 1.Gunavathy 2.Muthusamy 3.Sangeethkumar 4.Prakash 5.Nataraj 6.Praveenkumar .. Petitioners Vs.

The State rep. by The Inspector of Police, Kodumudi Police Station, Erode District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Erode [Spl. Judge for SC & ST Act] to consider the bail application of the petitioners herein on the every day of surrender pertaining to the Crime No.171 of 2016 on the file of the Kodumudi Police Station, Erode District. For Petitioners : Mr.M.Guruprasad For Respondent : Mr.C.Emalias, Addl.Public Prosecutor

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 Sessions Judge, Erode [Spl. Judge for SC & ST Act] to consider the bail application of the petitioners on the same day on their surrender in Crime No.171 of 2016 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 294[b], 148 and 323 IPC r/w 3[1][r], 3[1][s] 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.

3. The learned Additional Public Prosecutor takes notice for the respondent.

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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 Sessions Judge, Erode [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.171 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.

gya Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal Sessions Judge, Erode.

2.The Inspector of Police, Kodumudi Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Guruprasad, Advocate Sr 31484 KR/13/6/16 CRL.OP.No.12112 of 2016 https://hcservices.ecourts.gov.in/hcservices/