Madras High CourtCRL OP/14177/2016disposed of

Kavitha v. The State Rep. By Its

2016-07-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.14177 of 2016 1.Kavitha 2.Kumar @ Rajendran .. Petitioners/A1-A2 Vs.

The State rep. by The Station House Officer, B-6 Kandamangalam Police Station, Villupuram District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal District and Sessions Judge, Villupuram [Spl. Judge under SC/ST Act] to consider the petitioners bail application on the same day on their surrender in Crime No.205 of 2016 on the file of the respondent police.

For Petitioners : Mr.V.Arun For Respondent : Mr.C.Emalias, APP

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 and Sessions Judge, Villupuram [Spl. Judge under SC/ST Act] to consider the bail application of the petitioners on the same day on their surrender in Crime No.205 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 306 IPC, r/w Section 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 https://hcservices.ecourts.gov.in/hcservices/

of Atrocities] Act, 1989 that the petitioners cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Villupuram [Spl. Judge under SC/ST Act] is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.205 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 III) //True Copy// Sub Assistant Registrar gya To 1.The Principal District and Sessions Judge, (Special Judge under SC/ST Act),Villupuram.

2.The Station House Officer, B-6 Kandamangalam Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V. Arun, Advocate, S.R.No.37848 SV(CO) EU(12/07/2016) CRL.OP.No.14177 of 2016 https://hcservices.ecourts.gov.in/hcservices/