Madras High CourtCRL OP/13458/2016disposed of

D.Narasimman v. The Inspector Of Police

2016-06-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.13458 of 2016 1.D.Narasimman 2.S.Bala @ Balakrishnan 3.M.Venkatesh 4.V.Kaviyarasu .. Petitioners Vs The State rep. by The Inspector of Police, Anaicut Police Station, Kancheepuram District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District & Sessions Judge, Chengalpattu to consider the bail application of the petitioners on the same day in Crime No.124 of 2016 on the file of the respondent Police.

For Petitioners : Mr.R.Ragavendran 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 District & Sessions Judge, Chengalpattu to consider the bail application of the petitioners on the same day on their surrender in Crime No.124 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 147, 323, 506 [i] IPC, r/w 3[1][L][A] and 3[1][v][s] 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.

3. The learned Additional Public Prosecutor takes notice for the respondent.

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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 District & Sessions Judge, Chengalpattu is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.124 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 the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gya To 1.The Principal District & Sessions Judge, Chengalpattu.

2.The Inspector of Police, Anaicut Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R.Ragavendran, Advocate, sr.35894 CRL.OP.No.13458 of 2016 skv co kra 29.06.2016 https://hcservices.ecourts.gov.in/hcservices/