Madras High CourtCRL OP/19552/2016disposed of

Vaithiyanathan M/52 Years v. The State Of Tamil Nadu

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.OP.No.19552 of 2016 1.Vaithiyanathan 2.Vellikannu 3.Velayudham 4.Karunanidhi 5.Senthil Kumar 6.Ayyaret @ Nagaraj 7.Venkatesan ... Petitioners Vs State of Tamilnadu Rep by The Inspector of Police, Periyathatchur Police Station, Villupuram District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Villupuram to consider the Bail Application of the Petitioners on their surrender in Crime No.206/2016 by the respondent Police. For Petitioners : MrV.V. Kathiresan For Respondent : Mr.C.Emalias, APP

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 to consider the bail application of the petitioners on their surrender in Crime No.206/2016 by the respondent police.

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, 448, 294(b), 427, 506(1) IPC r/w Section 3(1)(g) of SC & ST [POA] 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 [POA] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Villupuram District is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.206 of 2016 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order, and dispose of the same on merits in accordance with law on the same day. With this observation, this petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Principal Sessions Judge, Villupuram District. 2.The Inspector of Police, Periyathatchur Police Station, Villupuram District.

3.The Public Prosecutor,High Court, Madras.

+1 cc to M/s.V.V.Kathiresan Advocate sr 48832 CRL.OP.No.19552 of 2016 aa31/08/2016 https://hcservices.ecourts.gov.in/hcservices/