Madras High CourtCRL OP/19909/2015ordered

R.Mani v. The Inspector Of Police

2015-08-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19909 of 2015 1.R.Mani 2.Sumathi .. Petitioners Vs.

State represented by The Inspector of Police, Avinashipalayam Police Station, In Crime No.484 of 2015 Tiruppur District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction to the learned Principal District Judge [Special Judge for SC/ST [PA] Act 1989) Coimbatore, to accept the surrender of the petitioners in connection with Crime No.484 of 2015 on the file of the respondent Avinashipalayam Police Station, Tiruppur District, to consider the bail petition filed by the petitioners on the same day in accordance with law.

For Petitioners :: Mr.P.Kalimuthu 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 a direction to the learned Principal District Judge [Special Judge for SC/ST [PA] Act 1989) Coimbatore, to accept the surrender of the petitioners in connection with Crime No.484 of 2015 on the file of the respondent Avinashipalayam Police Station, Tiruppur District, to consider the bail petition filed by the petitioners on the same day in accordance with law.

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, 506(i) of IPC r/w 3(1) (x) of SC/ST [PA] 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.

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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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned Principal District Judge, [Special Judge for SC/ST [PA] Act 1989) Coimbatore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.484 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.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ds To 1.The Inspector of Police, Avinashipalayam Police Station, Tiruppur District. 2.The Principal District Judge, (Special Judge for SC/ST Act), Coimbatore.

3.The Public Prosecutor, High Court, Madras.

1 cc to M.r.P.Kalimuthu, Advocate, sr.40577 Crl. O.P. No.19909 of 2015 km(co) kra(14/08) https://hcservices.ecourts.gov.in/hcservices/