Madras High CourtCRL OP/11208/2018disposed of

Mani, M/A 27 Years, v. The Inspector Of Police,

2018-04-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.04.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.11208 of 2018 1.Mani 2.Ravi .. Petitioners Vs The Inspector of Police, Varanjaram Police Station, Villupuram District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the District Sessions Judge, Villupuram, Special Judge for Prevention of SC/ST Atrocities to accept surrender of the petitioners in Cr.No.429 of 2017 on the file of the Inspector of Police, Varanjaram Police Station, Villupuram District and consequently consider the petitioner's bail application on the same day.

For Petitioners : Mr.V.Gunasekar For Respondent : Mr.C.Raghavan Govt. Advocate [Crl. Side]

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 Sessions Judge, Villupuram, Special Judge for SC/ST [POA] Act to consider the bail application of the petitioners on the same day on their surrender in Crime No.429 of 2017 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 294(b), 323, 325 and 506(2) of IPC r/w Section 3(1)(r) and 3(1)(s) of SC/ST [Prevention of Atrocities] 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.

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3. The learned Government Advocate (Crl. Side) 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 [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Villupuram, Special Judge for SC/ST [POA] Act is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.429 of 2017 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 Principal Sessions Court, Special Court for SC/ST [POA] Act, Villupuram.

2.The Inspector of Police, Varanjaram Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Gunasekar, Advocate, S.R.No.27506 CRL.OP.No.11208 of 2018 KGK(CO) RRK(13/04/2018) https://hcservices.ecourts.gov.in/hcservices/