Madras High CourtCRL OP/15262/2018disposed of

Ramesh, Aged 36 Years, v. State By,

2018-06-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15262 of 2018 1.Ramesh 2.Ayyappan 3.Logu 4.Praveen 5.Palani @ Kalaivanan .. Petitioners Vs State rep. by The Inspector of Police, Marakkanam Police Station, Villupuram District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal Sessions Judge, Spl. Court constituted under SC & ST [POA] Act, Villupuram to consider the bail application of the petitioners on their surrender on the same day in respect of crime No.188 of 2018 on the file of the Inspector of Police, Marakkanam Police Station, Villupuram District.

For Petitioners : Mr.S.Anburaja 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 Sessions Judge, Spl. Court constituted under SC & ST [POA] Act, Villupuram to consider the bail application of the petitioners on the same day on their surrender in Crime No.188 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 and 148 of IPC r/w Section 3(1)(r), 3(1)(s), 3(1) (t) and 3(2)(va) of SC/ST [Prevention of Atrocities] Amendment Act, 2015 and that in view of the specific bar under Section https://hcservices.ecourts.gov.in/hcservices/

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 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 Sessions Judge, Spl. Court constituted under SC & ST [POA] Act, Villupuram is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.188 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 IX) //True copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Spl. Court for SC & ST [POA] Act cases, Villupuram 2.The Inspector of Police, Marakkanam Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Anburaja, Advocate SR.No.36819 CRL.OP.No.15262 of 2018 GN(13/06/2018) https://hcservices.ecourts.gov.in/hcservices/