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Madras High CourtCRL OP/8664/2015ordered

Prakash, S/O.Rajanna, v. The State Rep.By The Sub

2015-04-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.8664 of 2015

1. Prakash

2. Gajendran .. Petitioners (Accused 3 & 6) Vs.

The State rep. By The Sub Inspector of Police, Thali Police Station, Krishnagiri .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge, Kirshnagiri to consider the bail application in Crime No.134 of 2015 on the very same day on the file of the respondent police..

For Petitioners :: Mr.Mukund R.Pandiyan For Respondent :: Mr.C.Emalias Additional 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 learned Principal Sessions Judge, Krishnagiri to consider the bail application of the petitioners on the same day on their surrender in Crime No.134/2015 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 Sections 147, 148, 294(b), 324, 323, 447, 427, 506(1) I.P.C., r/w Section 4 of Women Harassment Act @ Section 147, 148, 294(b), 324, 447, 427, 506 (1) r/w Section 4 of Women Harassment Act and Section 3(1)(r)(s) and 3(2)(a) of S.C. & S.T. (Prevention of Atrocities) Act (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.

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4. It appears that the dispute is between two groups in respect of construction of a house.

5. Considering the submissions of both sides and also considering the nature of the prayer in this case and 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 Principal Sessions Judge, Krishnagiri is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.134 of 2015 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 petition is disposed of accordingly.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ajr To

1. The Principal Sessions Judge, Krishnagiri

2. The Sub Inspector of Police, Thali Police Station, Krishnagiri 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.Mukund R. Pandiyan, Advocate, Sr. 18718 Crl. O.P. No.8664 of 2015 GJ (CO) kk 7/4 https://hcservices.ecourts.gov.in/hcservices/