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Madras High CourtCRL OP/23033/2015ordered

K.Muruganantham v. The Sub Inspector Of Police

2015-09-11Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2015

CORAM:

THE HON'BLE MR.JUSTICE B.RAJENDRAN Crl.O.P.No.23033 of 2015 1.K.Muruganantham 2.K.Renganathan 3.K.Ramanikumar 4.P.Shanmugam 5.K.Chandirasekar @ Senthil .. Petitioners vs.

State rep by The Sub-Inspector of Police, Thirumanur Police Station Ariyalur Taluk & District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge, Ariyalur, to consider the bail application filed by the petitioners in connection with the Crime No.161 of 2015 on the file of the respondent police on the same day of their surrender and pass appropriate orders.

For Petitioners :: Mr.N.Elayaraja For Respondent :: Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioners have come forward with this petition seeking for a direction to the learned Principal Sessions Judge, Ariyalur, to consider the bail application filed by the petitioners in connection with the case in Crime No.161 of 2015 on the file of the SubInspector of Police, Thirumanur Police Station, Ariyalur, on their surrender on the same day.

2. The learned counsel for the petitioners would submit that the petitioners have been implicated in the case in Cr.No.161 of 2015 for the alleged offences under Sections 294(b), 341, 324, 323 and 506 (ii) IPC r/w. Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 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. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

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 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Ariyalur, is directed to consider the bail application, in the event of the petitioners filing such petition in respect of the case in Crime No.161 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.

paa s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Principal Sessions Judge, Ariyalur.

2. The Sub-Inspector of Police, Thirumanur Police Station Ariyalur Taluk & District.

3. The Public Prosecutor, Madras.

+ 1 cc to Mr.N.Ilayaraja, Advocate SR 49512 kgk(co) prk11/9 Crl. O.P. No.23033 of 2015 https://hcservices.ecourts.gov.in/hcservices/