Jegaathan(Devaraj), Age 49 v. State Rep. By Sub Inspector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.22037 of 2016
1. Jeganathan (Devaraj)
2. Velmurugan
3. Rajendran
4. Selvaraj
5. Ramasamy
6. Chandrasekaran
7. Krishnamurthy (Padaiyappa)
8. Samykkannu
9. Mahendran
10. Tee Kadai Balu
11. Chinnasamy(Sudusoru)
12. Palanimuthu
13. Chidambram Udaiyar
14. Palanimuthu
15. Wishvanathan
16. Ramakrishnan
17. Wishvanathan
18. Dhanaraj
19. Salesman Dhanaraj
20. Salesman Periyasamy
21. Salesman Ponnusamy.
... Petitioners Vs.
State rep. by The Sub Inspector of Police, V.Kalathur Police Station Perambalur District.
... Respondent Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge/Special Judge for Prevention of SC/ST Atrocities Act, Perambalur to accept to surrender of the petitioners in Crime No.284/2016 on the file of the Respondent and to consider and pass orders on the bail application to be preferred by the petitioners on the same day itself.
For Petitioners : Mr.R.Bharathkumar For Respondent : Mr. C.Emalias Additional Public Prosecutor
ORDER
This criminal original petition has been filed seeking a direction to the Principal District and Sessions Judge/Special Judge for Prevention of SC/ST Atrocities Act, Perambalur to consider the petitioners bail application, on the same day, in Crime No. 284 of 2016.
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, 294(b), 352, 506(ii) of IPC r/w 3(1)(r)(s) of SC/ST (Prevention of Atrocities) 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.
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 and Sessions Judge/Special Judge for Prevention of SC/ST Atrocities Act, Perambalur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.284 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, and dispose of the same on merits and in accordance with law on the same day.
5. With the above observation, this criminal original petition is disposed of accordingly.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rts To
1. The Sub Inspector of Police, V.Kalathur Police Station Perambalur District.
2. The Principal District & Sessions Judge/ Special Judge for Prevention of SC/ST Atrocities Act, Perambalur.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.56191 Crl.OP.No.22037 of 2016 VSN(CO) CA(30/09/2016)