Madras High CourtCRL OP/20429/2015ordered

Kolangi @ Annadurai v. The Inspector Of General Of

2015-08-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.20429 of 2015 1.Kolangi @ Annadurai 2.Senthil Kumar .. Petitioners Vs.

The State, Represented by The Inspector of Police, Ariyalur Police Station, Ariyalur Taluk & District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction, directing the Principal District and Sessions Judge, Ariyalur to consider the bail application of the petitioners concerned in Crime No.391 of 2015, on the file of the respondent police, on their surrender on the same day on such terms and conditions.

For Petitioners :: Mr.C.Prabakaran For Respondent :: Mr.C.Emalias Additional Public Prosecutor

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 learned Principal District and Sessions Judge, Ariyalur to consider the bail application of the petitioners on the same day on their surrender in Crime No.391 of 2015 pending on the file of the respondents.

2. The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 420, 294(b), 341, 355 and 506(i) IPC r/w Section 3(i)(r.s)3(2), (V-a) SC/ST Act of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) 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.

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 https://hcservices.ecourts.gov.in/hcservices/

bail, the learned Principal District and Sessions Judge, Ariyalur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.391 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 True Copy Sub Assistant Registrar vsm To 1.The Principal District and Sessions Judge, Ariyalur. 2.The Inspector of Police, Ariyalur Police Station, Ariyalur Taluk & District.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.C.Prabakaran , Advocate Sr.No.42209 Crl. O.P. No.20429 of 2015 mg(co) pmk.13.8.2015 https://hcservices.ecourts.gov.in/hcservices/