Madras High CourtCRL OP/8789/2015closed

Balaji v. The Inspector Of Police

2015-04-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.8789 of 2015 1.Balaji 2.Sudhakar 3.Karthi 4.Murugan 5.Sakthi 6.Anand 7.Thambidurai @ Mani 8.Velu 9.Venkatachalam ..Petitioners (Accused 1,2,4,6,7,9, to 12) Vs State rep. By The Inspector of Police, Karpatti Police Station, Salem District.

..Respondent (Complainant) Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principal Sessions Judge, Coimbatore, to consider the bail application on the same day on surrender of the petitioner in Crime No.180 of 2015 on the file of the respondent Police.

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

ORDER

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, Salem,* to consider the bail application of the petitioners on the same day on their surrender in Crime No.180/2015 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), 341, 323, 324 and 506(ii) and 3(1)(r)(s) and 3(2) (va) of S.C. & S.T. (Prevention of Atrocities) 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.

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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, the learned Principal Sessions Judge, Salem,* is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.180 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 ) dt.13.04.2015 Amended as per order dt. 20.04.2015 /true copy/ - Asst.Registrar (CS II ) dt.23.04.2015 Sub Asst. Registrar To 1.The Principal Sessions Judge, Salem,* 2.The Inspector of Police, Karpatti Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

1 cc to M/s. R. Nalliyappan, Advocate, Sr.21434* Crl.OP No.8789 of 2015 GP (CO) kk 13/4 EU 23.04.15 https://hcservices.ecourts.gov.in/hcservices/