Madras High CourtCRL OP/13689/2016disposed of

Uma v. State By

2016-06-29Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.13689 of 2016 1.Uma 2.Govindhan 3.Rajendran 4.Ramasamy 5.Ayyamperumal 6.Ammani Mottaiyan 7.Elumalai 8.Kannan 9.Subramani 10.Munusamy 11.Govindaraj 12.Ramasamy 13.Dhanavel 14.Vaitheeswaran 15.Manikandan 16.Ayyasamy 17.Kannan 18.Velu 19.Indhira Gandhi 20.Sengamalam 21.Rajesh 22.Elangovan 23.Ilayaraja 24.Dhanavel 25.Govindhan 26.Annamalai 27.Kannan 28.Malar 29.Ilayaraja 30.Karuppan 31.Vellatchi 32.Kannan 33.Gobidoss 34.Manikandan .. Petitioners/Accused Vs.

State rep. by Inspector of Police, Sankarapuram Police Station, Villupuram District.

(Crime No.329/15) .. Respondent/Complainant

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District & Sessions Judge, [Spl. Judge for SC&ST (Prevention of Atrocities) Act, 1989], Villupuram to consider and dispose of the bail application of the petitioners on merits in connection with the case in PRC.No.21 of 2015 on the file of the Judicial Magistrate, Sankarapuram on the same date of their surrender.

For Petitioners : Mr.C.Munusamy For Respondent : Mr.C.Emalias, Addl.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 to the learned Principal District & Sessions Judge [Spl. Judge for SC&ST Act], Villupuram to consider the bail application of the petitioners on the same day on their surrender in PRC.No.21 of 2015 on the file of the Judicial Magistrate, Sankarapuram.

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, 341, 323, 324, 506[ii], 435, 436 and 307 IPC, r/w 34, 120[b] IPC, 3 of PPD Act, 3[a], 5 of Explosive Substances Act, 1908 and Section 3[1][x], 3[2][v] 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.

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, Villupuram is directed to consider the bail application, in the event of the petitioners filing such petition in PRC.No.21 of 2015 on the file of the Judicial Magistrate, Sankarapuram and dispose of the same on merits, in accordance with law.

With the above observation, this petition is disposed of accordingly.

gya Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal District & Sessions Judge, Villupuram.

2.The Judicial Magistrate, Sankarapuram.

3.The Inspector of Police, Sankarapuram Police Station, Villupuram District.

4. The Chief Judicial Magistrate, Villupuram. 5.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.Munusamy, Advocate Sr 36296 KR/30/6/16 CRL.OP.No.13689 of 2016