Madras High CourtCRL OP/20628/2018ordered

M.Ravi, M/A 22 Yrs, v. The Sub Inspector Of Police

2018-08-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI CRL.O.P.No.20628 of 2018 1.M.Ravi 2.S.Arumugam .. Petitioners Vs State rep. by The Inspector of Police, Olakkur Police Station, Olakkur, Thindivanam District (Crime No.221 of 2018).

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Special Court (SC/ST) at Villupuram, to consider the petitioners' bail application on their surrender on the same day before him in respect of a case registered in Crime No.221 of 2018 on the file of the respondent herein.

For Petitioners : Mr.K.Govindaraj For Respondent : Mr.C.Raghavan, Govt. Advocate

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 Special Court (SC/ST) Villupuram, to consider the bail application of the petitioners on the same day on their surrender in Crime No.221 of 2018 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 147,153A, 294(b),504,505 (1)(b) of IPC & Sections 3, 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 and Section 67 of Information Technology (Amendment) Act 2018 and 3(2)(v-a) of SC/ST [POA] Amendment Act, 2015 and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come forward with the said prayer.

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3.The learned Government Advocate 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 SC/ST [POA] Amendment Act that the petitioner cannot move any anticipatory bail, the learned *Special Court(SC/ST), Villupuram is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.221 of 2018 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. With the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IX) * Corrected order to be issued;

Sd/- Sub Assistant Registrar Dated: 11.09.2018.

//True Copy// Sub Assistant Registrar To 1.The Special Court (SC/ST) at Villupuram. To be substituted to the order already 2.The Inspector of Police, despatched on Olakkur Police Station, Olakkur, 06.09.2018.

Thindivanam District 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Govindaraj, Advocate, S.R.No.58153 CRL.OP.No.20628 of 2018 GSP(03/08/2018) SP(11/09/2018) https://hcservices.ecourts.gov.in/hcservices/