Madras High CourtCRL OP/22001/2015closed

Kumar @ Rajkumar 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.22001 of 2015 1.Kumar @ Rajkumar 2.Vimala 3.R.Sachudhan 4.Rajasekar ...

Petitioners Vs The State, represented by The Inspector of Police, Mecheri Police Station, Salem District.

(Crime No.637 of 2015) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal District and Sessions Judge, Salem to consider the bail application of the petitioners concerned in Crime No.637 of 2015, on the file of the Inspector of Police, Mecheri Police Station, Salem District on their surrender on the same day on such terms and conditions. For Petitioners :Mr.C.Prabakaran For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Judge, Salem to consider the bail application of the petitioners concerned in Crime No.637 of 2015, on the file of the Inspector of Police, Mecheri Police Station, Salem District on their surrender on the same day on such terms and conditions.

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), 427, 323, 324, 506(i) of IPC r/w Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 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 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 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, Salem, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.637 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. sms s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Mecheri Police Station, Salem District.

(Crime No.637 of 2015)

2. The Principal District and Sessions Judge, Salem.

3. The Public Prosecutor, High Court, Madras.

ak(co) prk31/8 Crl.OP.No.22001 of 2015 https://hcservices.ecourts.gov.in/hcservices/