Rani v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18534 of 2015 1 RANI 2 VARALAKSHMI 3 ANGALAPARAMESHWARI 4 SARAVANAN 5 KESAVAN 6 DEVARAJ 7 THIRUNAVUKKARASU 8 RAMESH [ PETITIONERS ] Vs 1 THE STATE REP. BY INSPECTOR OF POLICE VELLORE TALUK POLICE STATION VELLORE DISTRICT [ RESPONDENT ] Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District Sessions Judge, Vellore to accept the surrender of the petitioners and on the same day to release the petitioners and on the same release the petitioners on Anticipatory Bail in connection with Crime No. 213/15 on the file of the respondent herein. For Petitioners :: Mr.M.Rajinikanth For Respondent :: Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioners submits that the petitioner have come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge, Vellore to consider the bail application of the petitioners on the same day on their surrender in Crime No.213/2015 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 448, 147, 148, 294(b), 506(i) IPC r/w 3(1) (r), 3(1)(s) of S.C. & S.T. (POA) Amendment Ordinance, 2014 and that in view of the specific bar under Section 18 of the S.C. & S.T. https://hcservices.ecourts.gov.in/hcservices/

(Prevention of Atrocities) 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. Though in the petition, the petitioners pray for anticipatory bail, no positive direction as prayed for can be granted under the S.C. & S.T. (Prevention of Atrocities) Act. However, the relief is molded as follows:

"The learned Principal District and Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.213 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.

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

2. The Inspector of Police, Vellore Taluk Police Station, Vellore District 3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Rajinikanth Advocate vide sr.39011 Crl. O.P. No.18534 of 2015 aa03/08/2015 https://hcservices.ecourts.gov.in/hcservices/