Kunjamuthu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18529 of 2015 1.Kunjamuthu, S/o. Bootha Gounder 2.Prakash, S/o. Bootha Gounder 3.Alamelu, D/o. Bootha Gounder .. Petitioners/A1 to 3 Vs.

State rep. By Inspector of Police, Fairlands Police Station, Salem District.

.. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to pass an order, directing the learned Principal District Sessions Judge, Salem to accept the surrender in Crime No.244 of 2015 on the file of respondent of the petitioners herein and consider their bail petition on merits on the day itself.

For Petitioners :: Mr.P.Vajaravel For Respondent :: Mr.C.Emalias Additional Public Prosecutor

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, Salem to consider the bail application of the petitioners on merits on the same day on their surrender in Crime No.244 of 2015 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 354, 506(i) I.P.C., r/w 3(1)(x)3(xi) of S.C. & S.T. (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.

https://hcservices.ecourts.gov.in/hcservices/

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 learned Principal District Sessions Judge, Salem is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.244 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.

ds (Sd) Assistant Registrar (CS-III) True copy Sub Assistant Registrar.

To

1. Inspector of Police, Fairlands Police Station, Salem District.

2. The Principal District Sessions Judge, Salem.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.Vajravelu, Advocate SR 37322 su(co) prk24/7 Crl. O.P. No.18529 of 2015 https://hcservices.ecourts.gov.in/hcservices/