Madras High CourtCRL OP/20814/2015ordered

Silambarasan v. The State Rep By

2015-08-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20814 of 2015 1.Silambarasan 2.Mohan Raj .. Petitioners Vs The State rep. By Sub Inspector of Police, D-1 Tiruttani Police Station, Thiruvallur District.

.. Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the petitioners to surrender and file a bail application before the Principal District and Sessions Judge, Vellore to accept the surrender of the petitioners and consider the bail petition and pass orders on the same day in connection with Crime No.358 of 2015 on the file of the respondent herein.

For Petitioners : Mr.R.Logabiraman For Respondent : Mr.C.Emalias, APP

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge, Vellore to consider their bail application on the same day on their surrender in Crime No.358 of 2015 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 341, 294[b], 324 IPC r/w Section 3[1][x] of SC & ST [Prevention of Atrocities] 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 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 SC & ST [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.358 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(CSII) /true copy/ Sub Asst. Registrar gya To 1.The Principal District and Sessions Judge, Vellore. 2.The Sub Inspector of Police, D-1 Tiruttani Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Logabiraman Advocate sr.43763 CRL.OP.No.20814 of 2015 mg(co) kra28/08/2015 https://hcservices.ecourts.gov.in/hcservices/