Madras High CourtCRL OP/19457/2016disposed of

S.Vadivel v. The Inspector Of Police

2016-08-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.19457 of 2016 1.S. Vadivel 2.Jeyaraman @ Janakiraman 3.Manokaran .. Petitioners Vs The State by The Inspector of Police, Veeraman Police Station, Salem District.

Crime No.193/10 .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Salem to accept the surrender of the petitioners herein and consider the bail petition concerned in Crime No.193 of 2016 on the file of the Inspector of Police, Veeranam Police Station, Salem district on the same day itself.

For Petitioners:Mr.J.Franklin For Respondent: Mr.C.Emalias, Addl. 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, Salem to accept the surrender of the petitioners herein and consider the bail petition concerned in Crime No.193 of 2016 on the file of the Inspector of Police, Veeranam Police Station, Salem district on the same day itself.

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, 323, 324, 307 I.P.C. r/w 3[2][v] and 3(2) (va) of SC & ST [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. https://hcservices.ecourts.gov.in/hcservices/

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 SC & ST [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.193 of 2016 on the file of the learned Principal Sessions Judge, Salem within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge, Salem.

2.The Inspector of Police, Veeraman Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.J.Franklin, Advocate Sr.49213 CRL.OP.No.19457 of 2016 mg[co] srg 31/08/2016 https://hcservices.ecourts.gov.in/hcservices/