Madras High CourtCRL OP/26444/2015disposed of

R.Vetri Selvan v. State By

2015-10-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.26444 of 2015 1.R.Vetriselvan 2.S.Manikandan 3.P.Ganapathy 4.S.Murugaiyan .. Petitioners Vs State by Inspector of Police, Kudavasal Police Station, Thiruvarur District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the I Additional District and Sessions Court for PCR Act cases, Thanjavur to consider the bail application of the petitioner/accused 1 to 4 on the same day in the event of their surrender in Crime No.372 of 2015 pending on the file of the respondent police.

For Petitioners : Mr.G.M.Shankar For Respondent : Mr.C.Emalias, Addl. 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 I Additional District and Sessions Judge, PCR Act cases, Thanjavur to consider the bail application of the petitioners on the same day on their surrender in Crime No.372 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 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 I Additional District and Sessions Judge, PCR Act cases, Thanjavur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.372 of 2015 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar gya To

1. I Additional District and Sessions Judge, for PCR Act cases, Thanjavur.

2.The Inspector of Police, Kudavasal Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.G.M.Shankar, Advocate sr.57968 CRL.OP.No.26444 of 2015 rsk(co) aa28/10/2015 https://hcservices.ecourts.gov.in/hcservices/