Madras High CourtCRL OP/12093/2018disposed of

Duraisamy, M/A 62 Years, v. The State Rep By Its,

2018-04-24Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.12093 of 2018 1.Duraisamy 2.Kullappagounder ... Petitioners/A1 & A2 Vs State represented by The Inspector of Police Karamadai Police Station in Crime No.141 of 2018 Mettupalayam Sub Division Coimbatore District.

...Respondent

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal District Judge (Special Judge for SC/ST (Pa) Act 2014) Coimbatore to accept the surrender of the petitioners in connection with Crime No.141 of 2018 on the file of the respondent, Karamadai Police Station, Coimbatore District to consider the bail petition filed by the petitioners on the same day in accordance with law. For Petitioners :

Mr.P.Kalimuthu For Respondent :

Mrs.Kritika Kamal.P.

Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the Principal District Judge (Special Judge for SC/ST (Pa) Act 2014) Coimbatore, to accept the surrender of the petitioners in connection with Crime No.141 of 2018 on the file of the respondent, Karamadai Police Station, Coimbatore District, to consider the bail petition filed by the petitioners on the same day in accordance with law.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323, 506(i) of the Indian Penal Code, 1860 and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 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.

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3. The learned Government Advocate (Crl. Side) 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 Principal District Judge (Special Judge for SC/ST (Pa) Act 2014) Coimbatore is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.141 of 2018 pending on the file of the respondent / police within a period of two weeks from the date of receipt of a copy of this order and consider the same in accordance with law on the same day. With this observation, this criminal original petition is disposed of.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal District Judge(Special Judge for SC/ST(pa)Act 2014), Coimbatore.

2. The Inspector of Police Karamadai Police Station Mettupalayam Sub Division Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Kalimuthu, Advocate sr.no.30137 Crl.OP.No.12093 of 2018 nr 24/04/2018 https://hcservices.ecourts.gov.in/hcservices/