Vinoth @ Vinothkumar, v. State Rep. By Sub Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.13868 of 2016 1.Vinoth @ Vinothkumar 2.Thirukumaran 3.Ayyappan 4.Siva @ Sivanandam ... Petitioners Vs.

State rep. by The Sub Inspector of Police, Kammapuram Police Station, Vridhachalam, Cuddalore District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Cuddalore to consider the bail application on surrendering and filing of the bail application by the petitioner on the same day in Crime No.80 of 2016 on the file of the respondent police.

For Petitioners : Mr.T.Sundaravadanam 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 to the learned Principal Sessions Judge, Cuddalore to consider the bail application of the petitioners on the same day on their surrender in Crime No.80 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, 341, 294[b], 427 IPC, r/w Section 3[1][r] and 3[2][v-a] of SC & ST [Prevention of Atrocities] Amendment Ordinance Act, 2014 and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and https://hcservices.ecourts.gov.in/hcservices/

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] Amendment Ordinance Act, 2014, that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Cuddalore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.80 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(CS V) //True Copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Cuddalore.

2.The Sub Inspector of Police, Kammapuram Police Station, Vridhachalam, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Sundaravadanam, Advocate, S.R.No.37893 CRL.OP.No.13868 of 2016 SSK(CO) CA(12/07/2016) https://hcservices.ecourts.gov.in/hcservices/