Madras High CourtCRL OP/12363/2016allowed

M.Sakthivel v. The Inspector Of Police

2016-06-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP No.12363 of 2016 1.M.Sakthivel 2.G.Chandran 3.Ravikumar 4.Mailu @ Kamarasu 5.V.Thiyagarajan ..Petitioners/Accused Nos.1,5,7,8 & 9 Vs.

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

Cr.No.239 of 2016 ..Respondent/Complainant Prayer:- Criminal Original Petition has been filed under Section 482 of Crl.PC. to direct the Learned Principal Sessions Judge, Erode/The Special Court Erode, Erode District to consider the bail application of the petitioners herein on the everyday of surrender pertaining to the Crime No.239 of 2016 on the file of the Ammapet Police Station, Erode District.

For Petitioners : Mr.M.Guruprasad For Respondent : Mr.M.Mohamed Riyaz Government Advocate (Crl.side)

ORDER

This criminal original petition has been filed to direct the Learned Principal Sessions Judge, Erode/The Special Court Erode, Erode District to consider the bail application of the petitioners herein on the everyday of surrender pertaining to the Crime No.239 of 2016 on the file of the Ammapet Police Station, Erode District.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 324, 336 IPC r/w https://hcservices.ecourts.gov.in/hcservices/

Section 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Ordinance 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 Government Advocate (Crl.side) 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, Erode/The Special Court Erode, Erode District, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.239 of 2016 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 criminal original petition is disposed of accordingly.

sms Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Prl.District & Sessions Judge, (Special Court), Erode.

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

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Guruprasad, Advocate Sr 9533 KR/16/6/16 CRL.OP.No.12363 of 2016 https://hcservices.ecourts.gov.in/hcservices/