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Madras High CourtCRL OP/14910/2015ordered

P.Vishnu v. The Inspector Of Police

2015-06-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14910 of 2015 1.P.Vishnu 2.R.Lakshmanan 3.Vetri @ Vetrivel 4.Anand @ Anandha Kumar 5.R.Ramar 6.P.Prakash 7.B.Vijay 8.S.Pandiyan 9.J.Arun .. Petitioners Vs The Inspector of Police, Veeraganur Police Station, Salem District.

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Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Principal District Court at Salem to accept the surrender of the petitioners and considering the Bail application preferred by the petitioners in Crime No.74 of 2015 on the file of the respondent Police and dispose the same on the same day.

For Petitioners :Mr.O.S.Vijayasarathi For Respondent :Mr.M.Mohamed Riyaz,Govt.Advocate.

ORDER

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the Principal District Court at Salem to accept the surrender of the petitioners and considering the Bail application preferred by the petitioners in Crime No.74 of 2015 pending on the file of the respondent Police and dispose the same on the same day. 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, 342, 323 of Indian Penal Code, r/w Sections 3(1)(r) (8) and 3(2) (va) SC/SC(POA) 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.

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3. The learned Government Advocate 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 Judge, Salem is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.74 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 True Copy Sub Assistant Registrar dn To 1.The Inspector of Police, Veeraganur Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

3.The Principal District Judge, Salem 1 cc to Mr. O.S.Vijayasarathi, Advocate Sr.No.29847 Crl.OP No.14910 of 2015 ts(co) pmk.23.6.2015 https://hcservices.ecourts.gov.in/hcservices/