Madras High CourtCRL OP/20072/2015granted

Rayar v. State Rep By

2015-08-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.20072 of 2015 1.Rayar 2.Govindasamy 3.Palanivel 4.Sivakumar

...Petitioners/Accused 6 to 9

Vs State represented by Station House Officer, Pennadam Police Station, Cuddalore District, Crime No.154 of 2015.

...Respondent/Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned District Sessions Judge, Cuddalore to consider the petitioners bail application to be filed in Crime No.154 of 2015 on the file of the respondent police on the same day.

For Petitioners :

Mr.C.Ramkumar For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned District Sessions Judge, Cuddalore, to consider the petitioners bail application to be filed in Crime No.154 of 2015 on the file of the respondent police on the same day.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 352, 324 of IPC r/w 3 (i) (x) of SC ST (POA) 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.

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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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the Learned District Sessions Judge, Cuddalore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.154 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/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar sms To

1. Station House Officer, Pennadam Police Station, Cuddalore District, Crime No.154 of 2015.

2. The Learned District Sessions Judge, Cuddalore.

3. The Public Prosecutor, High Court, Madras.

Crl.OP.No.20072 of 2015 CTK (CO) PSI (11.08.2015) https://hcservices.ecourts.gov.in/hcservices/