Rangasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.14395 of 2015

1. Rangasamy

2. Yuvaraj

3. Saravanan

4. Sakthivel

5. Suresh ..

Petitioners/A1 to A3, A6, A7 Vs.

State rep. By Inspector of Police, Samalpatti Police Station, Krishnagiri District .. Respondent/Complainant.

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge, Krishnagiri to accept the surrender of the petitioners herein concerned in Crime No.182 of 2015 on the file of the Inspector of Police, Samalpatti Police Station, Krishnagiri District and consider the bail petition on the same day itself.

For Petitioners :: Mr.K.Balu For Respondent :: Mr.C.Emalias Additional 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, Krishnagiri to consider the bail application of the petitioners on the same day on their surrender in *Crime No.182/2015 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, 294(b) I.P.C and r/w 3(1)(r) 3 (1)(s) and 3(2) (V) (a) SC/ST 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 Sessions Judge, Krishnagiri is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.182 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. 12.06.2015 srn for Being Mentioned This matter having been posted under the caption 'for being mentioned"on Wednesday the First Day of July, 2015 pursuant to the Order of this Court dated 12.6.2015 and made herein in the presence of the above said counsel on either side, the Court made the following Order.

This matter has been listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.

2. In paragraph No.1 of the order dated 12.06.2015, it has been wrongly mentioned as Crime No.182 of 2012 instead of Crime No.182 of 2015. Hence, Registry is directed to make necessary corrections and issue the amended copy of the order. Two weeks time is extended from the date of receipt of a copy of this order for complying the order dated 12.06.2015.

01.07.2015 vsm -Sd/- Assistant Registrar(CS-II) 16.6.2015 *Amended as per order of this Court dated 01.07.2015 made in Crl.O.P.No.14395/2015 True Copy Sub-Assistant Registrar

To 1.The Inspector of Police, to be substituted to the Samalpatti Police Station, order already despatched on Krishnagiri District 16.06.2015 2.The Principal Sessions Judge, Krisnagri District 3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Balu, Advocate SR 32693/15 jsv(co) prk16/6 pmk.2.7.2015 rl. O.P. No.14395 of 2015