Madras High CourtCRL OP/22351/2015disposed of

Rajendran v. The Deputy Superitendent Of

2015-09-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.22351 of 2015 1.Rajendran 2.Annadurai 3.Parthiban 4.Kanagasikamani ...

Petitioners Vs State rep.by The Deputy Superintendent of Police Oomangalam Police Station, Cuddalore District.

(Crime No.135 of 2015) ...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge/Special Judge constituted under S.C & S.T. (Prevention of Atrocities) Act, Cuddalore to consider the petitioner's Bail application on his surrender on the same day in respect of Crime No.135 of 2015 on the file of the Deputy Superintendent of Police, Oomangalam Police Station, Cuddalore District. For Petitioners :Mr.R.Sivakandan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal Sessions Judge/Special Judge constituted under S.C & S.T. (Prevention of Atrocities) Act, Cuddalore to consider the petitioner's Bail application on his surrender on the same day in respect of Crime No.135 of 2015 on the file of the Deputy Superintendent of Police, Oomangalam Police Station, Cuddalore District.

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), 506(ii) I.P.C r/w 3(1)(x) of S.C & https://hcservices.ecourts.gov.in/hcservices/

S.T. Act 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.

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 Principal Sessions Judge/Special Judge constituted under S.C & S.T. (Prevention of Atrocities) Act, Cuddalore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.135 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/- Asst. Registrar /true copy/ Sub Asst. Registrar.

sms To

1. The Deputy Superintendent of Police Oomangalam Police Station, Cuddalore District.

(Crime No.135 of 2015)

2. The Principal Sessions Judge/ Special Judge constituted under S.C & S.T. (Prevention of Atrocities) Act, Cuddalore.

3.The Public Prosecutor, High Court, Madras.

+ 1 CC to R.Sivakandan, Advocate SR NO 47716 Crl.OP.No.22351 of 2015 SVI[CO] GP/15.9.

https://hcservices.ecourts.gov.in/hcservices/