Parames @ Parameswaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17669 of 2015 1.Parames @ Parameswaran 2.Kumar @ Sivakumar 3.Ganesan

...Petitioners

Vs State rep by The Inspector of Police, Valappadi Police Station, Salem District.

(Crime No.530 of 2015)

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge, Salem (The Special Judge for SC/ST Act cases) to consider petitioners bail petition in Crime No.530 of 2015 on the file of the Inspector of Police, Valappadi Police Station, Salem District, on the same day, on their surrender.

For Petitioners:Mr.B.Vasudevan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the learned Principal Sessions Judge, (Special Judge for SC/ST Act cases), Salem, to consider petitioners bail petition in Crime No.530 of 2015 on the file of the respondent, on the same day, on their surrender, the petitioners have come up with this petition.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

3.The learned counsel for the petitioners submitted that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 341, 324 and 506(ii) IPC read with 3(ii) V, SC & ST Act and 3(i) TNPPD Act, 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. https://hcservices.ecourts.gov.in/hcservices/

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

5.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 Sessions Judge, (Special Judge for SC/ST Act Cases), Salem, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.530 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 //True Copy// Sub Assistant Registrar mps To 1.The Principal Sessions Judge, (Special Judge for SC/ST Act cases), Salem.

2.The Inspector of Police, Valappadi Police Station, Salem District.

(Crime No.530 of 2015) 3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.B. Vasudevan, Advocate Sr.1354 Crl.OP.No.17669 of 2015 AD(CO) Eu 04.08.15 https://hcservices.ecourts.gov.in/hcservices/