Madras High CourtCRL OP/18963/2015ordered

Ezhil @ Santhosh v. State Rep By

2015-08-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.18963 of 2015 1.Ezhil @ Santhosh 2.Dhanush @Dhanasekaran .. Petitioners Vs State rep. by its The Inspector of Police, Tindivanam Police Station, Villupuram District.

.. Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge, Villupuram to consider the surrender and bail application of the petitioners on the same day in Crime No.401 of 2015 on the file of the respondent.

For Petitioners : Mr.P.Sivamuruganantham For Respondent : Mr.C.Emalias, Addl. 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 Sessions Judge, Villupuram to consider the bail application of the petitioners on the same day on their surrender in Crime No.401 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 147,148, 294[b], 324, 307 IPC, r/w 3[1][x], 3[2][v] 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.

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

bail, the learned Principal Sessions Judge, Villupuram is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.401 of 2015 on the file of the respondent police and dispose of the same on merits and in accordance with law.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Villupuram.

2.The Inspector of Police, Tindivanam Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr. P.Sivamuruganantham, Advocate Sr.No.40310 CRL.OP.No.18963 of 2015 bur(co) pmk.6.8.2015 https://hcservices.ecourts.gov.in/hcservices/