Madras High CourtCRL OP/13336/2016disposed of

Ganesan v. The Inspector Of Police

2016-06-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.13336 of 2016 1.Ganesan 2.Vengatesan 3.Kannan 4.Chandra .. Petitioners Vs.

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

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal Sessions Judge, Villupuram to consider the bail application of the petitioners surrendering on the same day in Cr.No.410 of 2016 on the file of the respondent.

For Petitioners : Mr.John Kennady For Respondent : Mr.C.Emalias, APP

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 their bail application on the same day on their surrender in Crime No.410 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 Sections 294[b], 323 and 506[2] IPC, r/w Section 4 of TNPHW Act, 2002 and Section 3[1][x] of SC & ST [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 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 [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.410 of 2016 on the file of the respondent police, and dispose of the same on merits, in accordance with law on the same day. With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge, Villupuram.

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

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.John kennedy, Advocate sr.35799 CRL.OP.No.13336 of 2016 mp[co] srg 28/06/2016 https://hcservices.ecourts.gov.in/hcservices/