Balasubramani v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :23.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15290 of 2015 1.Balasubramani 2.Kamalakannan 3.Kannan 4.Nagarathinam @ Navarathinam ... Petitioners Vs State rep.by The Inspector of Police, Uthankarai Police Station, Krishnagiri District.
... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principle District and Sessions Judge, Krishnagiri, Krishnagiri District to accept the surrender of the petitioner herein concerned in Crime No.352 of 2015 on the file of Inspector of Police, Uthankarai Police Station, Krishnagiri District and consider the bail petition on the same day itself. For Petitioners : Mr.K.Balu 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 for a direction to the learned Principle District and Sessions Judge, Krishnagiri, Krishnagiri District to accept the surrender of the petitioners herein concerned in Crime No.352 of 2015 on the file of Inspector of Police, Uthankarai Police Station, Krishnagiri District and consider the bail petition on the same day itself.
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, 148, 323, 324, 379, 506(ii) of IPC & Section 3(1) (r)(s) S.C. & S.T (POA) Amendment Ordinance Act 2014 and that in view of the specific bar under Section 18 of the said https://hcservices.ecourts.gov.in/hcservices/
Act, 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 Principle District and Sessions Judge, Krishnagiri, Krishnagiri District is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.352 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(CO) //True Copy// Sub Assistant Registrar dn To
1. The Principle District and Sessions Judge, Krishnagiri, Krishnagiri District
2. The Inspector of Police, Uthankarai Police Station, Krishnagiri District.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.K.Balu, Advocate, S.R.No.30906 Crl.OP No.15290 of 2015 RSI(CO) CA(02/07/2015) https://hcservices.ecourts.gov.in/hcservices/