Prakash, M/Aged About 30 Years v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.16291 of 2018 1.Prakash 2.Prabhu 3.Karthi 4.Karunakaran 5.Bakthavachalam 6.G.Sivakumar 7.Elangovan 8.Babu 9.Thanigachalam 10.Murali 11.M.Sivakumar 12.Yasodha .. Petitioners/Accused 17 to 26,28,29 & 33 Vs The State rep. by The Inspector of Police, Veppankuppam Police Station, Vellore District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal Sessions Judge, Vellore, Vellore District to consider the petitioner's bail application on their surrender same day in Crime No.134/2014 pending on the file of the Inspector of Police, Venppankuppam Police Station, Vellore District.

For Petitioners : Mr.D.Dayalan For Respondent : Ms.P.Kritika Kamal Government Advocate (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 Sessions Judge, Vellore, Vellore District to consider the bail application of the petitioners on the same day on their surrender in Crime No.134 of 2014 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, 341, 294(b), 323, 427, 324 of IPC and Section 3 of TNPPDL Act 1984 and Sections 3 (1)(r) 3(1)(va) of SC/ST [POA], Amendment Ordinance Act 2014 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 Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Vellore, Vellore District is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.134 of 2014 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(CO) //True Copy// Sub Assistant Registrar gmd To 1.The Principal Sessions Judge, Vellore, Vellore District.

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

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Dayalan, Advocate sr.no.41971 CRL.OP.No.16291 of 2018 nr 02/07/2018