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Madras High CourtCRL OP/15562/2018disposed of

Vijayakumar, Aged 23 Years, v. The Inspector Of Police,

2018-06-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15562 of 2018 1.Vijayakumar 2.Dinesh 3.Santhosh 4.Sathish 5.Ajithkumar .. Petitioners Vs 1.The Inspector of Police, Pernambut Police Station, Vellore District.

2.The District Superintendent of Police, Gudiyattam, Vellore District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District Sessions Judge, Vellore to consider the petitioner's bail application on their surrender in connection with Crime No.225 of 2018 on the file of the 1st respondent.

For Petitioners : Mr.M.Subash Pandiyan For Respondent : Ms.P.Kritika Kamal, GA [Crl. Side]

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 Sessions Judge, Vellore to consider the bail application of the petitioners on the same day on their surrender in Crime No.225 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 Section 147, 148, 294[b], 323, 324 and 506[ii] of IPC r/w Sections 3(2)(va) of SC/ST [POA] Ordinance 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 [Crl. Side] 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 https://hcservices.ecourts.gov.in/hcservices/

Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal District Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.225 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 //True Copy// Sub Assistant Registrar gya To 1.The Principal District Sessions Judge, Vellore.

2.The Inspector of Police, Pernambut Police Station, Vellore District.

3.The District Superintendent of Police, Gudiyattam, Vellore District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Subash Pandian, Advocate SR.No.37348 sm:14.6.2018 CRL.OP.No.15562 of 2018 https://hcservices.ecourts.gov.in/hcservices/