Madras High CourtCRL OP/12655/2016allowed

Amudha v. The Sub Inspector Of Police

2016-06-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.12655 of 2016

1. Amudha

2. Vinoth

3. Nandhi Kumar

4. Lal @ Arun Kumar ...

Petitioners Vs The State rep. by The Sub- Inspector of Police, Vellore South Police Station, Vellore.(Crime No.295/2016) ...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned District and Principal Sessions Judge at Vellore to dispose of the bail application on the same day on surrendering and filing bail application by the Petitioners before the Learned District and Principal Sessions Judge in Crime No.295/2016 pending on the file of the respondent.

For Petitioners :Mrs.Vanathi Srinivasan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the learned District and Principal Sessions Judge, Vellore to dispose of the bail application on the same day on surrendering and filing bail application by the Petitioners before the learned District and Principal Sessions Judge in Crime No.295 of 2016 pending on the file of the respondent, the petitioners have come up with this petition. 2.The learned counsel for the petitioners submitted that the petitioners have been implicated in this case for the alleged offences under Sections 294(b) and 323 of IPC and Section 3(i) (r)(s) 2 (v-A) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory https://hcservices.ecourts.gov.in/hcservices/

bail application and therefore, the petitioners have come forward with the said prayer.

3.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 District and Principal Sessions Judge, Vellore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.295 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.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The District and Principal Sessions Judge, Vellore.

2.The Sub- Inspector of Police, Vellore South Police Station, Vellore 3.The Public Prosecutor, High Court, Chennai.

Crl.O.P.No.12655 of 2016 sks[co] srg 17/06/2016 https://hcservices.ecourts.gov.in/hcservices/