Madras High CourtCRL OP/14427/2016disposed of

A.Kandasamy v. The Inspector Of Police

2016-07-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.14427 of 2016 1.A.Kandasamy 2.Muthulakshmi 3.Ramayi .. Petitioners Vs The Inspector of Police, Senthamangalam Police Station, Senthamangalam, Namakkal District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District & Sessions Judge, Namakkal to consider the bail petition, in the event of the petitioners filing such application in Crime No.153 of 2013 on the file of the respondent police and dispose of the same on merits on the same day.

For Petitioners : Mr.K.Sudalaikannu 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 & Sessions Judge, Namakkal to consider the bail application of the petitioners on the same day on their surrender in Crime No.153 of 2013 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 294[b], 323, 324 and 506[ii] IPC, r/w Section 3[i][x] 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.

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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] Act that the petitioners cannot move any anticipatory bail, the learned Principal District & Sessions Judge, Namakkal is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.153 of 2013 on the file of the respondent police and dispose of the same on merits, in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Principal District & Sessions Judge, Namakkal.

2.The Inspector of Police, Senthamangalam Police Station, Senthamangalam, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.K.Sudalaikannu Advocate sr.40728 CRL.OP.No.14427 of 2016 aa20/07/2016 https://hcservices.ecourts.gov.in/hcservices/