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Madras High CourtCRL OP/18966/2015ordered

Kaleem v. State Rep By

2015-07-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18966 of 2015 1.Kaleem 2.Imran 3.Sadham 4.Settu 5.Kashidhabe ... Petitioners Vs.

State rep.by The Sub Inspector of Police, Elavanasoorkottai Police Station, Villupuram District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge, Villupuram Division, to dispose of the bail application filed by the petitioners on the same day in the event of their surrender, pending investigation in Crime No.174 of 2015 on the file of respondent police.

For Petitioners :: Mr.S.Saravana Kumar For Respondent :: Mr.C.Emalias, Additional Public Prosecutor

O R D E R

Seeking for a direction to the learned Principal District and Sessions Judge, Villupuram Division, to dispose of the bail application filed by the petitioners on the same day in the event of their surrender, pending investigation in Crime No.174 of 2015 on the file of respondent police, the petitioners have come up with this petition.

2.The learned counsel for the petitioners submitted that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 441, 294B, 323 and 506(ii) IPC read with Section 3(i)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any https://hcservices.ecourts.gov.in/hcservices/

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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Villupuram Division, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.174 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 mps To 1.The Principal District and Sessions Judge, Villupuram Division.

2.The Sub Inspector of Police, Elavanasoorkottai Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Chennai.

+1 cc to Mr.S.Saravana Kumar Advocate vide sr.37983 Crl.O.P.No.18966 of 2015 skv(co) aa27/07/2015 https://hcservices.ecourts.gov.in/hcservices/