Radhakrishnan v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16160 of 2015 1.Radhakrishnan 2.Mani ... Petitioners Vs.

1. The Deputy Superintendent of Police, Ulundurpet, Villupuram District.

2. The Inspector of Police, Thirunavalur Police Station, Villupuram District, Crime No.369 of 2015 ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction, directing the leaned Principal Sessions Judge, Special Court for SC/St Act cases, Villupuram, Villupuram District to accept the surrender of the above named petitioners herein in Crime No.369 of 2015 on the file of Inspector of Police, Thirunavalur Police Station, Villupram District and consider their bail petition on the same day itself. For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioners submit that the petitioner have come forward with this petition seeking for a direction to the learned Principal Sessions Judge, Special Court for SC/St Act cases, Villupuram, Villupuram District to consider the bail application of the petitioners on the same day on their surrender in Crime No.369 of 2015 pending on the file of the respondents.

2. The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b) and 352 IPC r/w 3(i)(x) of S.C. https://hcservices.ecourts.gov.in/hcservices/

& S.T. (Prevention of Atrocities) Act 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 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, Special Court for SC/St Act cases, Villupuram, Villupuram District is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.369 of 2015 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 vsm To

1. The Deputy Superintendent of Police, Ulundurpet, Villupuram District.

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

3. The Principal Sessions Judge, Special Court for SC/St Act cases, Villupuram, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.M.R.Jothi Manian, Advocate, S.R.No.32533 Crl. O.P. No.16160 of 2015 SV(CO) CA(06/07/2015) https://hcservices.ecourts.gov.in/hcservices/