Madras High CourtCRL OP/21209/2015disposed of

Chellapathy v. State Rep By

2015-09-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21209 of 2015 1.Chellapathy 2.Parkunam 3.Parthiban 4.Prashanth .. Petitioners Vs.

State Reptd. by 1.The Inspector of Police, E-3, Meenjur Police Station, Thiruvallur.

2.The Deputy Superintendent of Police DSP Office, Thiruvallur.

.. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District & Sessions Judge, Tiruvallur to consider the surrender and consider the bail application of the petitioners/accused 1-4 on the same day in Crime No.382/2015 on the file of the first respondent Police. For Petitioners :: Mr.Thanga Vadhana Balakrishnan For Respondents :: Mr.C.Emalias Additional Public Prosecutor

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, Tiruvallur to consider the bail application of the petitioners/accused 1-4 on the same day on their surrender in Crime No.382/2015 pending on the file of the first 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 341, 324, 506(i) of I.P.C., r/w 3(1)(r)(s) of the S.C. & S.T. (Prevention of Atrocities) Act, 2014 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor takes notice for the respondents.

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 Principal District and Sessions Judge, Tiruvallur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.382 of 2015 on the file of the first 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ds To 1.The Principal District and Sessions Judge, Tiruvallur.

2.The Inspector of Police, E-3, Meenjur Police Station, Thiruvallur.

3.The Deputy Superintendent of Police DSP Office, Thiruvallur.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mrs. Thangavadhana Balakrishnan Advocate sr.48744 Crl. O.P. No.21209 of 2015 aa9/09/2015 https://hcservices.ecourts.gov.in/hcservices/