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Madras High CourtCRL OP/16667/2015ordered

S.Ramachandran v. The Inspector Of Police

2015-07-06Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16667 of 2015 1.S.Ramachandran 2.Dhinesh 3.Karunakaran 4.Vignesh 5.Partheep 6.Pragalathan 7.Parthiban 8.Surya 9.Viji 10.Dhakshinamoorthy 11.Baskar 12.Venkatesan 13.Jayakumar 14.Suresh

...Petitioners (Accused)

Vs.

State, rep by The Inspector of Police, Anaikattu Police Station, Kancheepuram District.

...Respondent (Complainant)

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Court, Chengalpattu (Special Judge for S.C. & S.T. Act) to consider their surrender and pass favourable orders on the bail application filed by the petitioners on the same day in connection with Crime No.122 of 2015 on the file of respondent Police.

For Petitioners :

Mr.R.Sasi Kumar 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 Principal District and Sessions Court, Chengalpattu (Special Judge for S.C. & S.T. Act) to consider their surrender and pass favourable orders on the bail application filed by the petitioners on the same day in connection with Crime No.122 of 2015 on the file of respondent Police.

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, 294(b) 323, 324, 506(ii) of IPC r/w Sec.3(1)(x) of S.C. & S.T. & 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.

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 District and Sessions Court, Chengalpattu (Special Judge for S.C. & S.T. Act) is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No. 122 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-II) //True Copy// Sub Assistant Registrar ds To

1. The Inspector of Police, Anaikattu Police Station, Kancheepuram District.

2. The Prl.District and Sessions Judge, (Special Judge for S.C. & S.T. Act) Chengalpattu.

3. The Public Prosecutor, High Court, Madras.

1CC to Mr.P.Sasikumar, Advocate, SR 33430 Crl. O.P. No.16667 of 2015 PSI 06.07.2015