Sankar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9061 of 2015 1.Sankar 2.R.Stalin 3.Siva @ K.Sivamani 4.R.Panneer .. Petitioners Vs.

State Represented by The Inspector of Police, Gingee Police Station, Gingee Taluk, Villupuram District (Crime No.109 of 2015) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal Sessions Judge, Villupuram, Villupuram District to consider the bail application of the petitioners surrendering on the same day in Crime No.109 of 2015 on the file of the Inspector of Police, Gingee Police Station, Villupuram District.

For Petitioners :: Mr.J.James 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, Villupuram, Villupuram District to consider the bail application of the petitioners surrendering on the same day in Crime No.109 of 2015 on the file of the Inspector of Police, Gingee Police Station, Villupuram District.

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, 341, 294(b), 324, 506(i) I.P.C., r/w 3 (i) (r) and (s) of SC/ST (POA) Amendment Ordinance 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. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent.

4. 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, Villupuram, Villupuram District, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.109 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.

5. With the above observation, this Criminal Original Petition is disposed of.

jbm -s/d- Assistant Registrar(CO) Dt:10/4/2015 True Copy Sub-Assistant Registrar To

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

2. The Principal Sessions Judge, Villupuram, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.J.James, Advocate SR 19713 (co) prk10/4 Crl. O.P. No.9061 of 2015 https://hcservices.ecourts.gov.in/hcservices/