Madras High CourtCRL OP/18895/2016disposed of

Viji @ Vijayakumar v. The Inspector Of Police

2016-08-23Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18895 of 2016 1.Viji @ Vijayakumar 2.Sethupathi ..Petitioners Vs The State Rep.by Inspector of Police, Senthamangalam Police Station, Namakkal District.

Crime No.192 of 2016 .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Learned Principal Sessions Judge, Namakkal to consider the bail application on the same day in event of surrender of the petitioner in connection with Crime No.192 of 2016 on the file of the respondent police.

For Petitioners :Mr.R.P.Murugan Raja For Respondent :Mr. C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to Principal Sessions Judge, Namakkal to consider the bail application on the same day in event of surrender of the petitioner in connection with Crime No.192 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, 341, 294(b), 323, 324 and 506(ii) of IPC r/w 3(2)(v) of the SC/ST (Prevention of Atrocities) Amendment Act, 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.

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, Namakkal, 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.192 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, Senthamangalam Police Station, Namakkal District.

2. The Principal Sessions Judge, Namakkal.

3. The Public Prosecutor, High Court, Madras.

P.N.PRAKASH,J.

sms Crl.OP.No.18895 of 2016 23.08.2016