Madras High CourtCRL OP/21887/2015closed

D.Tamilmani v. The State Rep. By

2015-08-31Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.21887 of 2015 1.D.Tamilmani 2.E.Iyyappan 3.N.Gopi ...

Petitioners Vs The State rep.by The Inspector of Police, Thirupathur Town Police Station, Vellore District.

Crime No.403 of 2015.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal District Sessions Judge, Vellore to consider the surrender and bail application in connection with Crime No.403 of 2015 on the file of the respondent police filed by the petitioners and dispose the same on the merits on the same day.

For Petitioners :Mr.M.Rajendiran For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District Sessions Judge, Vellore to consider the surrender and bail application in connection with Crime No.403 of 2015 on the file of the respondent police filed by the petitioners and dispose the same on the merits on the same day.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections * 294(b, 323, 506(i) of I.P.C r/w 3(1) of (r) 3(1)(s) SC/ST Prevention of Atrocity Amendment Ordinance Act 2014 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.

4.Considering the submissions of both sides and also considering the nature of the prayer in this case in view of the https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Vellore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.403 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/- Assistant Registrar 31.08.2015 *Amended order to go Sd/- Assistant Registrar(CO) 15.09.2015 True Copy Sub Assistant Registrar sms To

1. The Inspector of Police, Thirupathur Town Police Station, to be substituted to the Vellore District. order already despatched Crime No.403 of 2015. on 1.9.2015 2.The Principal District Sessions Judge, Vellore.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr. M.Rajendiran, Advocate Sr.No.46409 Crl.OP.No.21887 of 2015 ak(co) pmk.31.8.2015 scd(co) pmk.15.09.2015 https://hcservices.ecourts.gov.in/hcservices/