Madras High CourtCRL OP/16135/2018closed

A.S.Babu@Koni Babu, M/A.53 v. State Rep.By

2018-06-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.16135 of 2018 1.A.S.Babu @ Koni Babu 2.B.Ganesh .. Petitioners Vs The State rep. by The Inspector of Police, Arcot Town Police Station, Vellore District.

(Crime No. 76 of 2018) .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Learned Principal Sessions Judge, Vellore to consider the bail petition preferred by the petitioners upon their surrender in Crime No.76 of 2016 on the file of the respondent police.

For Petitioners : Mr.S.Pugazhendhi For Respondent : Mr.C.Raghavan, Govt. Advocate

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal Sessions Judge, Vellore to consider the bail application of the petitioners on the same day on their surrender in Crime No.76 of 2016 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 294(b) and 506(1) of IPC r/w Section 3(1)(r), 3(1)(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.

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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 Principal Sessions Judge, Vellore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.76 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. With the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gmd/mk To 1.The Principal Sessions Judge, Vellore.

2.The Inspector of Police, Arcot Town Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Pugazhendhi, Advocate sr.no.39492 CRL.OP.No.16135 of 2018 rj(co) nr 25/06/2018 https://hcservices.ecourts.gov.in/hcservices/