Madras High CourtCRL OP/9957/2017granted

E. Iiaya Raja, 18 Yrs, v. The Inspector Of Police,

2017-05-24Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.05.2017

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.OP.No.9957 of 2017 E.Illaya Raja .. Petitioner Vs.

State represented by The Inspector of Police Ulundurpet Police Staion, Villupuram District.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Principal District and Sessions Court for the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act at Villupuram to consider the bail application on the same day on merits in accordance with law in the event of surrender of the petitioner in connection with crime No.330 of 2017 pending on the file of the Respondent. For Petitioner : Mr.A.M.Amutha Ganesh For Respondent : Mr.M.Mohamed Riyaz Government Advocate,(Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal District and Sessions Court for the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act at Villupuram to consider the bail application on surrendering and filing of the bail application by the petitioners on the same day in Crime No.330 of 2017 on the file of the respondent.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324 & 506 (ii) IPC r/w Sections 3(i) (r), 3(i) (s) and 3(ii) 5(a) of SC/ST (POA) Amendment 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 (Criminal side) 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 Court for the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act at Villupuram is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.330 of 2017 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order, and dispose of the same on merits and in accordance with law on the same day.

5. With this observation, this Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar dpq/rli To

1. The Principal District and Sessions Judge, (SC/ST), Villupuram,

2. The Inspector of Police, Ulundurpet Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Chennai.

+1cc to M/s.A.M.Amutha Ganesh, Advocate in SR.No.9340 Crl.OP.No.9957 of 2017 RK(CO) CS/06/05/17 https://hcservices.ecourts.gov.in/hcservices/