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Madras High CourtCRL OP/19798/2016disposed of

Sekar, S/O. Thambusamy, v. State Rep. By The Inspector Of

2016-09-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.19798 of 2016

1. Sekar

2. Latha ...

Petitioners Vs State rep by The Inspector of Police T.Palur Police Station, Ariyalur District.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Special Court for PCR Cases, Ariyalur District to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.219/2016 on the file of the respondent pending investigation on the file of the respondent.

For Petitioners :

Mr.T.Muruganantham For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Special Court for PCR Cases, Ariyalur District to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.219/2016 on the file of the respondent pending investigation on the file of the respondent.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323, 341, 506(1) IPC & 3 (1)(r&S) & 3(2) (v-a) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, and that in view of the specific bar under Section 18 of the said Act, the https://hcservices.ecourts.gov.in/hcservices/

petitioners cannot move any anticipatory bail application and therefore, the petitioners have come forward with the said prayer.

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 Special Court for PCR Cases, Ariyalur District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.219 of 2016 pending 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 and in accordance with law on the same day. With this observation, this criminal original petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mk To

1. The Learned Special Court for PCR Cases, Ariyalur District.

2. Inspector of Police T.Palur Police Station, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.T.Muruganantham Advocate sr 49914/16 Crl.OP.No.19798 of 2016 aa02/09/2016 https://hcservices.ecourts.gov.in/hcservices/