Madras High CourtCRL OP/17889/2015allowed

Fisool Rahman v. The State Rep. By

2015-07-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17889 of 2015

1. Fisool Rahman

2. Veerapandi Raja

3. Peraman

4. Suresh Kumar

5. T.Manickam

6. Shanmugam

7. Krishnamurthy

8. Ganapathy @ Gunasekaran

9. Prakash 10.Ramesh 11.Sasikumar 12.Sukumar 13.Mathivanan 14.Velu @ Venkatachalam 15.Vazheeswaran 16.Kandasamy 17.Periyasamy 18.Mani ...

Petitioners/Accused Vs The State, rep.by Inspector of Police Omalur Police station, Omalur, Salem District.

(Crime No.589 of 2015) ... Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned District & Sessions Judge, Salem to accept the surrender of the petitioners herein and consider the Bail petition concerned in Crime No.589 of 2015 on the file of the Inspector of Police, Omalur Police Station, Omalur, Salem District on the same day itself. For Petitioners :Mr.P.Ganesan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the learned District & Sessions Judge, Salem, to accept the surrender of the petitioners and consider the https://hcservices.ecourts.gov.in/hcservices/

bail petition concerned in Crime No.589 of 2015 on the file of the respondent on the same day, 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, 294B, 323 and 324 IPC and 3(1) of TNPPDL Act, 1992 read with 3(1)(x) of SC/ST 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. 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 District & Sessions Judge, Salem, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.589 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 District & Sessions Judge, Salem.

2. The Inspector of Police Omalur Police station, Omalur, Salem District.

(Crime No.589 of 2015) 3.The Public Prosecutor, High Court, Chennai.

1 cc to Mr. .P.Ganesan, Advocate Sr.No.36033 Crl.OP.No.17889 of 2015 bvr(co)pmk.16.7.2015 https://hcservices.ecourts.gov.in/hcservices/