S.Mahendran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.14502 of 2015 1.S.Mahendran 2.N.Bareneetharan@Barani 3.S.Dharmaraj@Rasu 4.S.Ramasamy@Periyasamy

...Petitioners/Accused

Vs.

State rep. By The Deputy Superintendent of Police, Karumathampatty, Karumatham Patty Police Station, Coimbatore District, (Crime No.270 of 2015)

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Learned Principal Sessions Judge/Special Court constituted under S.C.&S.T. (Prevention of Atrocities) Act, Coimbatore to consider the Petitioner's Bail Application on his surrender on the same day in respect of Crime No.270 of 2015 on the file of the Deputy Superintendent of Police, Karumatham Patty, Karumatham Patty Police Station, Coimbatore District.

For Petitioners :

Mr.M.Easan 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/Special Court constituted under S.C&S.T (Prevention of Atrocities) Act, Coimbatore to consider the bail application of the petitioners on the same day on their surrender in Crime No.270/2015 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 https://hcservices.ecourts.gov.in/hcservices/

alleged offences under Sections 294(b), 324, 506(ii) of IPC and 3 (1)(r)&(s) and 3(2)(va) of S.C/S.T.Amendment Ordinance Act 2014 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. Amendment Ordinance Act 2014 that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge/Special Court, Coimbatore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.270 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. 5.With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar nvi To

1. The Deputy Superintendent of Police, Karumathampatty, Karumatham Patty Police Station, Coimbatore District,

2. The Principal District and Sessions Judge/Special Court, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

1 CC to Mr.M.Easan, Advocate SR.No. 28934 Crl. O.P. No.14502 of 2015 SR (CO) PSI (17.06.2015) https://hcservices.ecourts.gov.in/hcservices/