Madras High CourtCRL OP/14574/2015ordered

R.Pasupathi v. The Inspector Of Police

2015-06-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14574 of 2015 1.R.Pasupathi 2.Mahendiran @ K.Chandrasekar 3.Boopathy @ K.Kodeeswaran 4.Senthil @ Sengottaian

...Petitioners

Vs State rep.by Inspector of Police Kanchikovil Police Station, Erode District, Crime No.127/2015

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District & Sessions Judge, Erode to consider the bail application on the same day on surrender of the petitioners in Crime No.127 of 2015 on the file of the respondent police.

For Petitioners :

Mr.C.S.Saravanan 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 a direction to the learned Principal District & Sessions Judge, Erode to consider the bail application on the same day on surrender of the petitioners in Crime No.127 of 2015 on the file of the respondent police.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 323 IPC r/w 3(1)(r) and (s) of SC/ST Act, and 3(2)(va) SC/ST (POA) Amendment Ordinance, 2014 and that in view of the specific bar under Section 18 of the said Act, https://hcservices.ecourts.gov.in/hcservices/

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 & Sessions Judge, Erode, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.127 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 sms/ds To

1. Inspector of Police Kanchikovil Police Station, Erode District, Crime No.127/2015.

2. The Principal District & Sessions Judge, Erode.

3. The Public Prosecutor, High Court, Madras.

1 CC to Mr.C.S.Saravanan, Advocate SR.No. 29047 Crl.OP.No.14574 of 2015 VD (CO) PSI (18.06.2015) https://hcservices.ecourts.gov.in/hcservices/