Madras High CourtCRL OP/25945/2015disposed of

K. Vasu v. State Rep. By

2015-10-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.25945 of 2015 1.K.Vasu 2.V.Madavan 3.K.Jeeva 4.S.Jeevarathinam .. Petitioners Vs State rep. by The Inspector of Police, Mamallapuram Police Station, Kancheepuram District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions and District Judge-cum-Special Judge for SC & ST Act at Chengalpet, Kancheepuram District to accept the surrender of the petitioners and to release them on bail on the same day in respect of PRC No.14 of 2014 pending on the file of the Special Judge for SC & ST Act, Chengalpet.

For Petitioners : Mr.R.Sreerangan 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 Principal District and Sessions Judge, Chengalpet [Spl. Judge for SC/ST Act] to consider the bail application of the petitioners on the same day on their surrender in PRC No.14 of 2014 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 147, 427 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.

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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, Chengalpet [Spl. Judge for SC/ST Act] is directed to consider the bail application, in the event of the petitioners filing such petition in PRC No.14 of 2014 on the file of the respondent police and dispose of the same on merits, in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gya To 1.The Principal District and Sessions Judge, Chengalpet. [Spl. Judge for SC/ST Act] 2.The Inspector of Police, Mamallapuram Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Sreerangan, Advocate, sr.57290 CRL.OP.No.25945 of 2015 gj co kra 19/10 https://hcservices.ecourts.gov.in/hcservices/