M.Naveenkumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.14929 of 2015 1.M.Naveenkumar 2.M.Posavel 3.M.Anbarasan @ Anbu 4.M.Ganesan 5.J.Kannan 6.M.Mohan 7.K.Ramesh 8.P.Muthu 9.M.Marimuthu 10.M.Mohan 11.M.Sundarrajan 12.P.Thirunavukarasu 13.A.Selvam 14.R.Moorthi 15.P.Manikandan @ Mani 16.R.Durai 17.M.Srinivasan 18.C.Anbarasu 19.T.Rajendiran 20.M.Dineshkumar @ M.Thaneshkumar 21.M.Venkatesan @ M.Venkatesh 22.K.Anandhkumar 23.M.Velmurugan 24.M.Senthilkumar .. Petitioners Vs.

State rep. By The Inspector of Police, Vazhapadi Police Station, Salem District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the District and Sessions Judge, Salem District, Salem to accept the surrender of the petitioners in Crime No.595/2014 pending investigation on the file of the respondent Police and consider their bail applications on the same day.

For Petitioners :: Ms.S.Agalya For Respondent :: Mr.M.Mohamed Riyaz Government Advocate (Criminal Side)

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 District Sessions Judge, Salem https://hcservices.ecourts.gov.in/hcservices/

to consider the bail application of the petitioners on the same day on their surrender in Crime No.595/2014 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, 294(b), 323, IPC r/w 3(1)(r)(s) SC/ST of the Prevention of Atrocities, 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 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 and Sessions Judge, Salem is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.595 of 2014 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/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Vazhapadi Police Station, Salem District.

2.The Principal District and Sessions Judge, Salem.

3.The Public Prosecutor, High Court, Madras.

1 cc to M/s. S.Agalya, Advocate, sr. 29764 Crl. O.P. No.14929 of 2015 PUR (CO) kk 29/6 https://hcservices.ecourts.gov.in/hcservices/