Madras High CourtCRL OP/18998/2015ordered

Sampath 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.18998 of 2015 1.Sampath 2.Chidhambaram .. Petitioners Vs State rep. by Inspector of Police, Edaiyur Police Station, Tiruvarur District.

.. Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the *I Additional Sessions (PCR Judge), Thanjavur to consider the bail application on merits on the surrender of the petitioners/ accused-3 and 4 in connection with crime No.115 of 2015 on the file of the respondent police. For Petitioners : Mr.A.Arul Deepan 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 *I Additional Sessions (PCR Judge), Thanjavur to consider the bail application of the petitioners on the same day on their surrender in Crime No.115 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, 506[ii], 307 IPC, r/w 3[1][s], 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 *I Additional Sessions (PCR Judge),Thanjavur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.115 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(J) DATED : 06.08.2015 *Amended as per order dated 20.08.2015 in M.P.1 of 2015 Sd/- Assistant Registrar(CS III) DATED : 24.08.2015 True Copy Sub Assistant Registrar gya To 1.*The I Additional Sessions (PCR Judge), Thanjavur To be Substituted to the 2.The Inspector of Police, order already despatched Edaiyur Police Station, Tiruvarur District. on 06.08.2015 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr. A.Arul Deepan, Advocate Sr.No.40012/15 CRL.OP.No.18998 of 2015 ca(co) pmk.6.8.2015 CA(24.08.2015) https://hcservices.ecourts.gov.in/hcservices/