G.Elumalai Raj v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19813 of 2015 1.G.Elumalai Raj 2.E.Thirumurthy ... Petitioners Vs.

1.The state rep.by The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2.The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District.

3.The Sub Inspector of Police, Thachampattu Police Station, Tiruvannamalai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge, Tiruvannamalai, to consider the petitioners' bail application on the same day in Crime No.103 of 2015 on the file of the 3rd respondent police.

For Petitioners :: Mr.S.Ambigapathi For Respondents :: Mr.C.Emalias, Additional Public Prosecutor

O R D E R

Seeking for a direction to the learned Principal Sessions Judge, Tiruvannamalai, to consider the petitioners' bail application on the same day in Crime No.103 of 2015 on the file of the 3rd 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, 294(b), 323 and 506(i) IPC read with 3 (1)(r)(s) of the SC/ST Act 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 respondents.

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 Sessions Judge, Tiruvannamalai, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.103 of 2015 on the file of the 3rd respondent police, and dispose of the same on merits and in accordance with law on the same day.

With this observation, this Criminal Original Petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mps To 1.The Principal Sessions Judge, Tiruvannamalai 2.The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

3.The Inspector of Police, Veraiyur Police Station, Tiruvannamalai District.

4.The Sub Inspector of Police, Thachampattu Police Station, Tiruvannamalai District.

5.The Public Prosecutor, High Court, Chennai.

+1 cc to M/S.S.Ambigapathi Advocate sr.40208 Crl.O.P.No.19813 of 2015 aa05/08/2015