Madras High CourtCRL OP/19681/2015ordered

Shanthi v. State 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.19681 of 2015 1.Shanthi 2.Chinnammal .. Petitioners/Accused.

Vs State rep. by Sub Inspector of Police, Indur Police Station, Dharmapuri District.

.. Respondent/Complainant.

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District Sessionscum-Special Judge for SC/ST Act Cases, Dharmapuri to consider the bail application filed by the petitioner in connection with Crime No.155 of 2015 on the file of Sub Inspector of Police, Indur Police Station, Dharmapuri District on his surrender on the same day on sympathetic ground.

For Petitioners : Mr.M.Selvam 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 District Sessions-cum-Special Judge for SC/ST Act Cases, Dharmapuri to consider the bail application of the petitioners on the same day on their surrender in Crime No.155 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 294[b], 323 IPC r/w 3[1] [x] of SC & ST [Prevention of Atrocities] Act, 2014 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 SC & ST [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal District Sessions-cum-Special Judge for SC/ST Act Cases, Dharmapuri is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.155 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. gya s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.Principal District & Sessions Judge, Dharmapuri.

2.Sub Inspector of Police, Indur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.M.Selvam, Advocate SR 40147 ug(co) prk7/8 CRL.OP.No.19681 of 2015 https://hcservices.ecourts.gov.in/hcservices/