Madras High CourtCRL OP/20508/2016disposed of

Sekar, M/Aged About 49 Years v. State Rep. By

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.20508 of 2016

1. Sekar

2. Siva Subramaniyan ....Petitioners Vs State Rep. by Inspector of Police, Gengavalli Police Station, Salem District.

.... Respondent Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge, Salem, Salem District to consider the Petitioners' bail application on their surrender in P.R.C. No.20/2016 pending on the file of the Learned Judicial Magistrate, No.II, Attur, Salem District. For Petitioners :Mr.E.Kannadasan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the learned Principal Sessions Judge, Salem, Salem District to consider the Petitioners' bail application on their surrender in P.R.C. No. 20/2016 pending on the file of the Learned Judicial Magistrate, No.II, Attur, Salem District

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 323, 324 IPC r/w Section 3(1) (r)(s) & 3(2)(va) of SC/ST (POA) Amendment Act, 2015 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.

3. The learned Additional Public Prosecutor takes notice for the respondent.

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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.

5. The Principal Sessions Judge, Salem, Salem District, is directed to consider, on the petitioners' surrendering before the said Court within a period of two weeks from the date of receipt of a copy of this order, the bail application, in the event of the petitioners' filing such petition in PRC No.20 of 2016 on the file of the Judicial Magistrate Court No.II, Attur, Salem, 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 rts/sms To

1. The Inspector of Police, Gengavalli Police Station, Salem District.

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

3. The Judicial Magistrate No.II, Attur, Salem District.

4. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.E.Kannadasan Advocate sr 51461 Crl.OP.No.20508 of 2016 aa12/09/2016 https://hcservices.ecourts.gov.in/hcservices/