Madras High CourtCRL OP/15791/2016disposed of

D.Shanmugasundaram v. The Inspector Of Police

2016-07-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.15791 of 2016 1.D.Shanmugasundaram @ Shanmugaramasamy 2.P.Gomathy ... Petitioners Vs.

State rep. by The Inspector of Police, Arachalur Police Station, Erode District.

Crime No.142 of 2016 ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District and Sessions Judge, Erode to consider their bail application on the same day on surrender of the petitioners in Crime.No.142/2016 on the file of the respondent police.

For Petitioners : Mr.C.S.Saravanan For Respondent : Mr.C.Emalias, Additional Public Prosecutor

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 District and Sessions Judge, Erode, to consider the bail application of the petitioners on the same day on their surrender in Crime No.142 of 2016 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, 506(i) of IPC r/w Section 3[1][x] 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 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] Amendment Act 2015 that the petitioners cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Erode, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.142 of 2016 on the file of the respondent police, and dispose of the same on merits, 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 ds To

1. The Principal District and Sessions Judge, Erode.

2. The Inspector of Police, Arachalur Police Station, Erode District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.S.Saravanan, Advocate, S.R.No.41854 CRL.OP.No.15791 of 2016 SKV(CO) CA(25/07/2016) https://hcservices.ecourts.gov.in/hcservices/