Annamalai, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.12932 of 2016 1.Annamalai 2.Raghavan 3.Kumar 4.Raghupathi 5.Boobalan .. Petitioners Vs.

The Inspector of Police, Taluk Police Station, Gudiyatham.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned District cum Sessions Judge, Vellore to consider the petitioners bail petition in Crime No.214 of 2016, while at the time of surrender on the same day.

For Petitioners :: Ms.A.B.Fathima Sulthana For Respondent :: Mr.C.Emalias Additional Public Prosecutor

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 District cum Sessions Judge, Vellore, to consider the bail application of the petitioners on the same day on their surrender in Crime No.214 of 2016 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 Sections147, 148, 294(b), 448, 324, 506(ii) of IPC & 3 of PPD Act r/w 3(1)(s) SC/ST (POA) Act 1989, Amended Act 2015 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 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 https://hcservices.ecourts.gov.in/hcservices/

bail, the learned District cum Sessions Judge, Vellore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.214 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 petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ds To 1.The Inspector of Police, Taluk Police Station, Gudiyatham.

2.The District cum Sessions Judge, Vellore 3.The Public Prosecutor, High Court, Madras.

+1cc to M/s. A.B. Fathima Sulthana, Advocate, S.R.No.34154 SSK(CO) EU(28/06/2016) Crl. O.P. No.12932 of 2016 https://hcservices.ecourts.gov.in/hcservices/