Nithiyanantham, Age 33 v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.08.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.21015 of 2018 1.Nithiyanatham 2.Arun 3.Ganesan .. Petitioners Vs The State of Tamil Nadu rep. by The Inspector of Police, Mangalamedu Police Station, Mangalamedu, Perambalur District.
.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the District and Sessions Court [PCR Court], Perambalur to consider the petitioners bail petition in Crime No.348 of 2018 on the file of the respondent herein for the offences under Sections 294[b] & 506[i] IPC r/w 3[1][r], 3 [1][s] of the SC/ST [POA] Amendment Act, 2015. For Petitioners : Mr.P.Mani For Respondent : Mr.C.Raghavan, Govt. Advocate
O R D E R
The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the District and Sessions Court [PCR Court], Perambalur to consider the bail application of the petitioners on the same day on their surrender in Crime No.348 of 2018 pending on the file of the respondent.
2.The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 294[b] and 506[i] IPC r/w Section 3(1)(r) and 3(1) (s) of SC/ST [POA] Amendment Act, 2015 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. https://hcservices.ecourts.gov.in/hcservices/
3. The learned Government Advocate 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 [POA] Act that the petitioners cannot move any anticipatory bail, the District and Sessions Court [PCR Court], Perambalur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.348 of 2018 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar gya To 1.The District and Sessions Court [PCR Court], Perambalur.
2.The Inspector of Police, Mangalamedu Police Station, Mangalamedu, Perambalur District.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.P.MANI, Advocate, S.R.No. 59232 CRL.OP.No.21015 of 2018 TR(30/08/2018) https://hcservices.ecourts.gov.in/hcservices/