Madras High CourtCRL OP/15443/2018disposed of

Rasu @ Shanmugasundaram, v. The State Rep By Its,

2018-06-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15443 of 2018 1.Rasu @ Shanmugasundaram 2.Loganathan .. Petitioners Vs State rep. by Inspector of Police, Kanchikoil Police Station, Erode District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal Sessions Judge, Erode to consider the bail application on the very same day in Crime No.93 of 2018 pending on the file of the respondent police. For Petitioners : Mr.A.Gokulakrishnan 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, Erode to consider the bail application of the petitioners on the same day on their surrender in Crime No.93 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 323 and 506[i] of IPC r/w Section 3(1)(r), 3(1)(s) and 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 Government Advocate 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 SC/ST [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Erode is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.93 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-II) //True Copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Erode.

2.The Inspector of Police, Kanchikoil Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.GOKULAKRISHNAN, Advocate, S.R.No. 38406 CRL.OP.No.15443 of 2018 KAN(CO) TR(20/06/2018) https://hcservices.ecourts.gov.in/hcservices/