B.Saraswathi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9756 of 2015

1. B.Saraswathi 2.Mayilathaal ... Petitioners Vs.

State Represented by The Inspector of Police, Madukkarai Police Station Coimbatore District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Judge, Coimbatore to permit the petitioners to surrender before the Court and consequently to consider the petitioners' bail application on the same day of presentation in Crime No.121 of 2014 on the file of the respondent police. For Petitioners : Mr.V.Subramanian 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 District and Sessions Judge, Coimbatore to consider the bail application of the petitioners on the same day on their surrender in Crime No.121 of 2014 on the file of the Inspector of Police, Madukkarai Police Station, Coimbatore 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 294(b), 341 IPC, 3(1)(x), (iv), (v) of SC/ST (P.A) Act, 1989 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. 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 District and Sessions Judge, Coimbatore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.121 of 2014 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ajr To

1. The Principal District and Sessions Judge Coimbatore

2. The Inspector of Police, Madukkarai Police Station Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Subramanian, Advocate, S.R.No.21166 Crl. O.P. No.9756 of 2015 RV(CO) CA(21/04/2015) https://hcservices.ecourts.gov.in/hcservices/