Madras High CourtCRL OP/25101/2015disposed of

Selvam v. The Inspector Of Police

2015-10-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.25101 of 2015 1 SELVAM 2 RAMALINGAM 3 CHEZHIAN 4 PANNEER 5 GANAPATHI .. Petitioners Vs THE INSPECTOR OF POLICE, WALAJABAD POLICE STATION, KANCHIPURAM DISTRICT.

.. Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned District Principal Sessions Court, Chengalpet to consider the bail application in Crime No.374/2015 (Walajabad Police Station) of the petitioners on merits and pass appropriate order on the same day of their surrender. For Petitioners : Mr.Rajkumar Paul For Respondent : Mr.C.Emalias, APP

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 District Principal Sessions Judge, Chengalpet to consider the bail application of the petitioners on the same day on their surrender in Crime No.374 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 Section 147, 148, 324 IPC, 4 of Tamilnadu Women Harassment Act, 3 of TNPPDL Act 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.

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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] Act that the petitioners cannot move any anticipatory bail, the learned District Principal Sessions Judge, Chengalpet is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.374 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.

gya Sd/- Assistant Registrar (CS-III) /True Copy/ Sub-Assistant Registrar To

1. The Principal District and Sessions Judge, Chengalpet.

2. The Inspector of Police, Walajabad Police Station, Kanchipuram District.

3. The Public Prosecutor, High Court, Madras.

+1 C.C. MR.Rajkumar Paul, Advocate in Sr.54270 CRL.OP.No.25101 of 2015 MSM(CO) sd : 08/10/2015 https://hcservices.ecourts.gov.in/hcservices/