Subramani @ Mani v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.25486 of 2015 1.Subramani @ Mani 2.Arumugam .. Petitioners Vs.

State by Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District Sessions Judge, Vellore, Vellore District to consider the petitioners bail application on their surrender in Crime No.356/2015 pending on the file of the Inspector of Police, Gudiyatham Taluk Police Station, Vellore District. For Petitioners :: Mr.E.Kannadasan 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 Sessions Judge, Vellore, Vellore District to consider the bail application of the petitioners on the same day on their surrender in Crime No.356 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), 427, 324 of IPC, r/w.3(1)(r)(s) of SC/ST POA 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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned Principal District Sessions Judge, Vellore, Vellore District is directed to consider the bail application, in the event https://hcservices.ecourts.gov.in/hcservices/

of the petitioners filing such petition in Crime No.356 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.

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

1. The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

2. The Principal District Sessions Judge, Vellore, Vellore District

3. The Public Prosecutor, High Court, Madras.

+1 C.C. to MR.E.Kannadasan, Advocate in Sr.No.55787 Crl. O.P. No.25486 of 2015 PA(CO) sd : 13/10/2015 https://hcservices.ecourts.gov.in/hcservices/