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Madras High CourtCRL OP/15503/2015ordered

Velu v. The Inspector Of Police

2015-06-25Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15503 of 2015 1.Velu 2.Parthiban ..

Petitioners Vs

1. The Inspector of Police, Sholingur Police Station, Vellore District.

(Crime No.329 of 2013)

2. The Superintendent of Police Vellore District, Vellore.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principal Sessions Judge, Vellore, Vellore District to accept the surrender of the petitioners herein before him, concerned in Crime No.329 of 2013 on the file of the Inspector of Police, Sholingur Police Station, Vellore District and consider their Bail Application on the same day itself.

For Petitioners :Mr.G.P.Sivakumar For Respondents :Mr.C. Emalias Additional Public Prosecutor

ORDER

The learned counsel for the petitioners submits that the petitioners have come forward with this petition, seeking direction to direct the learned Principal Sessions Judge, Vellore, Vellore District to accept the surrender of the petitioners herein before him, concerned in Crime No.329 of 2013 on the file of the Inspector of Police, Sholingur Police Station, Vellore District and consider their Bail Application 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, 294(b), 323, 324, 506(ii) IPC read with Section 3(1)(x), 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor takes notice for the respondents.

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 Sessions Judge, Vellore, Vellore District is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.329 of 2013 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 sms To

1. The Inspector of Police, Sholingur Police Station, Vellore District.

(Crime No.329 of 2013)

2. The Superintendent of Police Vellore District, Vellore.

3. The Principal Sessions Judge, Vellore, Vellore District.

4. The Public Prosecutor, High Court, Madras.

Crl.OP No.15503 of 2015 GJ (CO) kk 3/7 https://hcservices.ecourts.gov.in/hcservices/