Madras High CourtCRL OP/22817/2015ordered

Logesh v. The State Rep By Its

2015-09-10Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No.22817 of 2015

1. Logesh

2. Jayapaul

3. Ravichandran @ Chinnaputtu

4. Elumalai

5. Koteeswaran

6. Manikandan .. Petitioners vs.

State Rep by The Inspector of Police, Kadaladi Police Station Kadaladi, Thiruvannamalai District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District and Sessions Judge, Thiruvannamalai [Special Judge for SC/ST Act Cases] to consider the bail application filed by the petitioners in connection with the Crime No.295 of 2015 on the file of the respondent police on their surrender and pass appropriate orders. For Petitioners :: Mr.R.Bhagawat Krishna 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 cum Special Judge for SC/ST Act cases, Tiruvannamalai to consider the bail application filed by the petitioners in connection with the Crime No.295 of 2015 on the file of the Inspector of Police, Kadaladi Police Station, Tiruvannamalai District on their surrender on the same day.

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, 148, 341, 294(b), 506(ii) of IPC and 3 (1)(x) and SC and ST Act and Section 3 of PPD Act. 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. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the submissions of both sides and also considering the nature of the prayer in this case and 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 cum Special Judge for SC/ST Act cases, Thiruvannamalai, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.295 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, of their surrender.

5. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar vj2 To

1. The Principal District and Sessions Judge [Special Judge for SC/ST Act Cases] Thiruvannamalai.

2. The Inspector of Police, Kadaladi Police Station Kadaladi, Thiruvannamalai District.

3. The Public Prosecutor, Madras.

1 cc to Mr. R.Bhagawat Krishna, Advocate Sr.No.49369 Crl. O.P. No.22817 of 2015 ggk(Co) pmk.11.9.2015 https://hcservices.ecourts.gov.in/hcservices/