Madras High CourtCRL OP/18333/2016disposed of

Karthikeyan Age 23 Years v. The Inspector Of Police

2016-08-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18333 of 2016 1.Karthikeyan 2.Kanniyappan ... Petitioners Vs State represented by The Inspector of Police, Gingee Police Station Gingee, Villupuram District.

(Crime No.520 of 2014) ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Special Court for SC/ST (POA) Act 1989, Villupuram to accept the surrender of the petitioners and take up the bail petition to be filed by the petitioners in Crime No.520 of 2014 on the file of the respondent Police and consider and dispose the same on the same day.

For Petitioners :Mr.R.Sreedhar For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the Special Court for SC/ST (POA) Act 1989, Villupuram to accept the surrender of the petitioners and take up the bail petitions filed by them in Crime No.520 of 2014 on the file of the respondent Police and to consider and dispose of the same on the same day.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in case in Crime No.520 of 2014 for the alleged offences under Section 417, 294(b), 323, 506(i) IPC r/w 3(1)(r) 2(3) of SC/ST (Prevention of Atrocities) 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.

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3. The learned Additional Public Prosecutor submitted that the investigation in Crime No.520 of 2014 was completed, and final report has been filed before the concerned Court and the case is now pending on the file of the Special Court for SC/ST Act, Villupuram, in Special S.C.No.66 of 2016. 4.Taking into consideration the nature of the allegation in the final report rand 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 Special Judge for SC/ST Cases, Villupuram, is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Special S.C.No.66 of 2016 (Crime No.

520 of 2014) pending on the file of the Special Court for SC/ST Act, Villupuram, within a period of two weeks from the date of receipt of a copy of this order, 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.

ds s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To 1.The Special Judge for SC/ST Villupuram.

2.The Inspector of Police, Gingee Police Station Gingee, Villupuram District.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.R.Sreedhar, Advocate SR 47262 bvr(co) prk22/8 Crl.OP.No.18333 of 2016 https://hcservices.ecourts.gov.in/hcservices/