Madras High CourtCRL OP/25371/2015disposed of

R. Velmurugan v. The Superintendent Of Police

2015-10-09Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.25371 of 2015 1.R.Velmurugan 2.R.Ravikumar Mandal .. Petitioners/Accused Vs 1.The Superintendent of Police, Erode, Erode District.

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

.. Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Special Judge for SC & ST Act Cases/Principal District and Sessions Court, Erode to consider the bail petition to be filed by the petitioners on their surrender on the same day on merits in connection with the case in Crime No.648 of 2015 pending investigation on the file of the 1st respondent police.

For Petitioners : Mr.R.Prabakar For Respondents : 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 Principal District and Sessions Judge, Erode to consider the bail application of the petitioners on the same day on their surrender in Crime No.648 of 2015 pending on the file of the 1st 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 147, 148,294[b],323,324 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. https://hcservices.ecourts.gov.in/hcservices/

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 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.648 of 2015 on the file of the 1st 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Principal District and Sessions Judge, Erode.

2.The Superintendent of Police, Erode, Erode District.

3.The Inspector of Police, Erode South Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Prabakar, Advocate sr.55011 CRL.OP.No.25371 of 2015 sv(co) aa12/10/2015 https://hcservices.ecourts.gov.in/hcservices/