Dinesh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17554 of 2015 1.Dinesh 2.Prakash 3.Devendiran

...Petitioners

Vs State, rep.by The Inspector of Police, Anaikattu Police Station Kancheepuram District (Crime No.122 of 2015)

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal District & 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.Sasikumar For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District & Sessions Court, Chengalpattu (Special Judge for S.C. & S.T. Act) to consider their surrender and pass 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 submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324, 506(ii) I.P.C r/w.Sec 3 (1) (x) of SC / ST Act and Prevention of Atrocity Act, https://hcservices.ecourts.gov.in/hcservices/

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 Principal District & 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(CO) //True Copy// Sub Assistant Registrar sms To

1. The Inspector of Police, Anaikattu Police Station Kancheepuram District (Crime No.122 of 2015)

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

3. The Public Prosecutor, High Court, Madras.

1 CC to Mr.R.Sasikumar, Advocate SR.No. 35775 Crl.OP.No.17554 of 2015 KJI (CO) PSI (15.07.2015) https://hcservices.ecourts.gov.in/hcservices/