Anandan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18557 of 2015 1.Anandan 2.Vinoth 3.Santhosh 4.Thandayuthapani 5.Gnanasekaran .. Petitioners/Accused Vs.

State rep. By Inspector of Police, E-2, Thirukazhukundram Police Station, Kancheepuram District.

.. Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principle Sessions Judge, Chengalpattu to accept the surrender of the petitioners herein concerned in Crime No.451 of 2013 on the file of the Inspector of Police, E-2, Thirukazhukundram Police Station, Kancheepuram District and consider the bail petition on the same day itself.

For Petitioners :: Ms.R.S. Indhira 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 and Sessions Judge, Chengalpattu, to consider the bail application of the petitioners on the same day on their surrender in Crime No.451 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 147, 323, of I.P.C., r/w 3(1)(X) 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.

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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 and Sessions Judge, Chengalpattu is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.451of 2013 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 smi To 1.The Principal District and Sessions Judge, Chengalpattu. 2.The Inspector of Police, E-2, Thirukazhukundram Police Station, Kancheepuram District. 3.The Public Prosecutor, High Court, Madras.

1 cc to Ms.R.S. Indhira , Advocate Sr.No.37759 Crl. O.P. No.18557 of 2015 scd(co) pmk.24.7.2015 https://hcservices.ecourts.gov.in/hcservices/