Madras High CourtCRL OP/23761/2015ordered

N.K. Karnan Udayar v. The Inspector Of Police

2015-09-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.23761 of 2015 1.N.K.Karnan Udayar 2.P.Sasikumar 3.P.Ram Kumar .. Petitioners/Accused Vs The Inspector of Police, Padalur Police Station, Alathur District, Perambalur District.

.. Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge [PCR Court, Perambalur] to accept the surrender of the petitioners in connection with Crime No.366 of 2015 on the file of the Inspector of Police, Padalur Police Station, Alathur Taluk, Perambalur District and consider the bail application on the same day.

For Petitioners :

Mr.G.Saravanakumar For Respondent :

Mr.C.Emalias, Addl. 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 learned Principal District and Sessions Judge [PCR Court, Perambalur] to consider the bail application of the petitioners on the same day on their surrender in Crime No.366 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 294[b], 323, 506[i] IPC, r/w 3[1][x] of SC & ST [Prevention of Atrocities] Act, 1989 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 SC & ST [Prevention of https://hcservices.ecourts.gov.in/hcservices/

Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal District and Sessions Judge [PCR Court, Perambalur] is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.366 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 (CS III ) /true copy/ Sub Asst. Registrar gya To 1.Principal District and Sessions Judge, PCR Court, Perambalur.

2.The Inspector of Police, Padalur Police Station, Alathur District, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G.Saravanakumar, Advocate, sr.51113 CRL.OP.No.23761 of 2015 sv co kra 28/09 https://hcservices.ecourts.gov.in/hcservices/