Abinesh, M/A.20 Years v. State By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.09.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.21186 of 2018 1.Abinesh 2.Karthikeyan 3.Manikandan 4.Annadurai 5.VIvek 6.Elangovan @ Sundara Elangovan 7.Anbalagan 8.Muthu 9.Priya @ Dhurgalakshmi .. Petitioners Vs State by Inspector of Police, Manalmedu Police Station, Nagapattinam District.
.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the District and Sessions Judge [PCR], Nagapattinam to accept the surrender of the petitioners herein before him concerned in Cr.No.266 of 2018 on the file of the Inspector of Police, Manalmedu Police Station, Nagapattinam District and consider their bail petition on the same day itself. For Petitioners : Mr.P.M.Kumaravel For Respondent : Mr.C.Raghavan, Govt. Advocate
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 District and Sessions Judge [PCR], Nagapattinam to consider the bail application of the petitioners on the same day on their surrender in Crime No.266 of 2018 pending on the file of the respondent.
2. The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294[b], 323, 324, 355 and 506[2] IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST [POA] Amendment Ordinance, 2011 and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any https://hcservices.ecourts.gov.in/hcservices/
anticipatory bail application and therefore, the petitioners have come forward with the said prayer.
3. The learned Government Advocate 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 SC/ST [POA] Act that the petitioners cannot move any anticipatory bail, the learned District and Sessions Judge [PCR], Nagapattinam is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.266 of 2018 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The District and Sessions Judge [PCR], Nagapattinam.
2.The Inspector of Police, Manalmedu Police Station, Nagapattinam District.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.P.M.Kumaravel, Advocate sr.no.60468 CRL.OP.No.21186 of 2018 nr 04/09/2018 https://hcservices.ecourts.gov.in/hcservices/