Madras High CourtCRL OP/16973/2016disposed of

Suresh v. The Inspector Of Police

2016-08-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.16973 of 2016 1.Suresh 2.Anand @ Anand Kumar 3.Jagadeesan 4.Rani ...

Petitioners Vs The State rep. by The Inspector of Police, Gingee Police Station, Villupuram District.

(Crime No.520 of 2014) ...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue direction to the learned Sessions Judge, Special Court for SC/ST (POA) Act to consider on the same day, the bail applications to be filed by the petitioners herein in Cr.No.520/2014 on the file of the respondent Police on their surrender.

For Petitioners :Mr.G.Magesh Kumar For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram, to consider the bail applications of the petitioners on the same day on their surrender in connection with Crime No.520 of 2016 on the file of the respondent Police.

2.The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b), 323, 506(i) IPC r/w Sec.3(i) (x) of SC/ST (Prevention of Atrocities) Amendment Act, and SC/ST (POA) Amendment Ordinance 2014, 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 https://hcservices.ecourts.gov.in/hcservices/

Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.520 of 2014 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 criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Gingee Police Station, Villupuram District.

2.The Principal Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G.Mageshkumar, advocate,sr.44297. vd(co) krd 5/8 Crl.OP.No.16973 of 2016 https://hcservices.ecourts.gov.in/hcservices/