Madras High CourtCRL OP/13203/2016disposed of

M.Chandrasekar v. The State Rep By

2016-06-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.13203 of 2016 1.M.Chandrasekar 2.C.Periyasamy .. Petitioners/Accused Vs.

The State rep by its The Inspector of Police, Sankarapuram Police Station, Villupuram District.

(Crime No.649/2012) .. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge, Villupuram to accept the petitioners surrender and allow them to file a bail petition on the same day to consider the bail in connection with Crime No.649 of 2012 dated 12.08.2012 on the file of the respondent-Police. For Petitioners :: Mr.E.C.Ramesh 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 Principal Sessions Judge, Villupuram to consider the bail application of the petitioners on the same day on their surrender in Crime No.649 of 2012 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 Sections 147, 148, 188, 341, 506(ii) IPC r/w 3(1) (X) 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.

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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 Principal Sessions Judge, Villupuram, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.649 of 2012 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 VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Sankarapuram Police Station, Villupuram District.

2.The Principal Sessions Judge, Villupuram 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.C.Ramesh, Advocate sr.34847 Crl. O.P. No.13203 of 2016 GJ II srg 24/06/2016 https://hcservices.ecourts.gov.in/hcservices/