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Madras High CourtCRL OP/21276/2016ordered

N.Prakash, M/35 Years v. The State Rep By Its

2016-09-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.21276 of 2016 1.N.Prakash 2.S.Gunasekaran 3.G.Prashanth 4.P.Santhosh @ Santhosh Kumar 5.M.Rajasekar @ sekar 6.A.Siva 7.R.Ashok @ Ashok Kumar 8.N.Sundarasamy 9.R.Karuppasamy 10.P.Madhan @ Madhan Kumar 11.S.Karthick @ Karthick Kumar 12.M.Dinesh @ Dinesh Kumar 13.K.Pallu Selvam 14.N.Nagaraj 15.D.Ravi 16.M.Sedhu @ Sedhupathy 17.P.Marudhu ...

Petitioners Vs State, Rep by its The Inspector of Police, Thudialur Police Station, Coimbatore District.

(Crime No.697 of 2016) ...

Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District Judge, Coimbatore to consider the bail petition filed by the petitioners in connection with Crime No.697 of 2016 pending on the file of respondent police on the same day of their surrender.

For Petitioners :Mr.K.Myilsamy For Respondent :Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal District Judge, Coimbatore to consider the bail petition filed by the petitioners in connection with Crime No.697 of 2016 pending on the file of respondent police on the same day of their surrender.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 341, 294(b), 323, 324 https://hcservices.ecourts.gov.in/hcservices/

IPC r/w Section 3(1)(r), 3(1)(3), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 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 on instructions submitted that on account of communal clash between the two communities, tension is prevailing in that area and this may be borne in mind before granting bail to the petitioners. 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 Principal District Judge, Coimbatore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.697 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.

5. In the event, the trial Court is releasing the petitioners on bail, it is open to the trial Court to impose conditions directing them to stay away 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 To 1.The Principal District Judge, Coimbatore.

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

3.The Public Prosecutor, High Court, Chennai.

+1 cc to Mr.K.Myilsamy Advocate sr 52846 Crl.OP.No.21276 of 2016 aa21/09/2016 https://hcservices.ecourts.gov.in/hcservices/