Madras High CourtCRL OP/14851/2018disposed of

M.Thavaseelan, M/A.23 Years v. The State, Represented By

2018-06-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.14851 of 2018 1.M.Thavaseelan 2.Deepak 3.Thirunavukkarasu 4.Jayaseelan .. Petitioners/Accused 2 to 5 Vs The State rep. by The Inspector of Police, Harur Police Station, Dharmapuri District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District and Sessions Judge, Dharmapuri to consider the bail application of the petitioners concerned in Crime No.278 of 2018 on the file of the Inspector of Police, Harur Police Station, Dharmapuri District on their surrender on the same day itself, on such terms and conditions.

For Petitioners : Mr.C.Prabakaran For Respondent : Mr.C.Raghavan, Govt. Advocate

O R D E R

The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the learned Principal District and Sessions Judge, Dharmapuri to consider the bail application of the petitioners on the same day on their surrender in Crime No.278 of 2018 pending on the file of the respondent.

2. The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148 and 324 of IPC r/w Section 3(1)(x) of SC/ST [Prevention of Atrocities] 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. The learned Government Advocate 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 [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal District and Sessions Judge, Dharmapuri is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.278 of 2018 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 the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-iii) //True Copy// Sub Assistant Registrar gya To 1.The Principal District and Sessions Judge, Dharmapuri.

2.The Inspector of Police, Harur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.PRABAKARAN, Advocate, S.R.No.36362 CRL.OP.No.14851 of 2018 TR(12/06/2018) https://hcservices.ecourts.gov.in/hcservices/