Madras High CourtCRL OP/18378/2016disposed of

Kalaiselvi,F/Aged About 58 Yrs v. State Rep. By

2016-08-22Honourable Mr Justice S. Vaidyanathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18738 of 2016 1.Saravanan 2.Murugan ..Petitioners Vs State Rep.by The Inspector of Police, Gingee Police Station, Villupuram District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal Sessions Judge, Villupuram to accept the surrender of the petitioners herein concerned in Crime No.245 of 2016 on the file of the Inspector of Police, Gingee Police Station, Villupuram District and consider the bail petition on the same day itself.

For Petitioners :Mr.J.Rajmohan For Respondent :Mr. C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the Principal Sessions Judge, Villupuram to accept the surrender of the petitioners herein concerned in Crime No.245 of 2016 on the file of the Inspector of Police, Gingee Police Station, Villupuram District and consider the bail petition on the same day itself.

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, 324, r/w 3(1)(r), 3(1)(s) ST Act 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 Atrocities) Act that the petitioners cannot move any anticipatory bail.

5. The Principal Sessions Judge, Villupuram, is directed to consider, on the petitioners' surrendering before the said Court within a period of two weeks from the date of receipt of a copy of this order, the bail application, in the event of the petitioners' filing such petition in Crime No.245 of 2016 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.

23.08.2016 sms Note: Issue order copy on 24.08.2016 To

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

2. The Principal Sessions Judge, Villupuram.

3. The Public Prosecutor, High Court, Madras.

P.N.PRAKASH,J.

sms Crl.OP.No.18738 of 2016 23.08.2016