Madras High CourtCRL OP/21223/2018disposed of

S.Muthukumar, v. The State Rep By Its,

2018-08-31Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.21223 of 2018 1.S.Muthukumar 2.Thirunavukarasu .. Petitioners/Accused Vs State rep. by The Inspector of Police, Koradachery Police Station, Thiruvarur District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the learned Principal Sessions Judge, Thiruvarur to consider the petitioner's bail application on the same day of his surrender in connection with a case in Cr.No.221 of 2018 on the file of the respondent.

For Petitioners : Mr.K.Karuppaiya Mooppanar 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 Principal Sessions Judge, Thiruvarur to consider the bail application of the petitioners on the same day on their surrender in Crime No.221 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 294[b], 324 and 506[2] IPC @ into r/w Section 3(R)(S), 3(2)3, (5)(a) of SC/ST [POA] Amendment Act, 2015 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 Government Advocate 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 [POA] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Thiruvarur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.221 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 VII) //True Copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Thiruvarur.

2.The Inspector of Police, Koradachery Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Karuppaiya Mooppanar, Advocate sr.no.60740 (04/09/2018) CRL.OP.No.21223 of 2018 nr 03/09/2018 https://hcservices.ecourts.gov.in/hcservices/