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Madras High CourtCRL OP/22158/2015closed

Murthy v. State By Its

2015-09-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.22158 of 2015 1.Murthy 2.Murugan 3.Ramesh 4.Pughazhenti 5.Dharani

...Petitioners

Vs.

State by its Inspector of Police, Chengam Police Station, Chengam, Tiruvannamalai District.

(Cr.No.474/2015)

...Respondent

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge [Spl. Judge for SC/ST Act] at Thiruvannamalai to consider the petitioners bail petition on the same day on their surrender in Crime No.474 of 2015 pending on the file of the Inspector of Police, Chengam Police Station, Chengam, Thiruvannamalai District. For Petitioners : Mr.K.G.Senthil Kumar For Respondent : Mr.C.Emalias, APP

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 [Spl. Judge for SC/ST Act], Thiruvannamalai to consider the bail application of the petitioners on the same day on their surrender in Crime No.474 of 2015 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 147, 294[b], 323, 506[i], 436 IPC r/w 3[1][x] of SC/ST Act, 1989 the petitioners cannot move any anticipatory bail application and therefore, the petitioners have https://hcservices.ecourts.gov.in/hcservices/

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 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 [Spl. Judge for SC/ST Act], Thiruvannamalai is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.474 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(CS-III) //True Copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge [Spl. Judge for SC/ST Act], Thiruvannamalai.

2.The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

1 CC to Mr.K.G.Senthil Kumar, Advocate SR.No. 47740 CRL.OP.No.22158 of 2015 KGK (CO) PSI (21.09.2015) https://hcservices.ecourts.gov.in/hcservices/