Madras High CourtCRL OP/16405/2018disposed of

Velu, M/A 37 Years, v. The State Rep By Its,

2018-07-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.16405 of 2018 1.Velu 2.Satheeshkumar 3.Raghupathy 4.Duglas @ Satheeshkumar .. Petitioners Vs The State rep. by Inspector of Police, Sooramangalam Police Station, Salem.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District and Sessions Judge, Salem to consider the bail application of the petitioners concerned in Crime No.593 of 2018 on the file of the Inspector of Police, Sooramangalam Police Station, Salem on their surrender on the same day on such terms and conditions. For Petitioners : Mr.C.Prabakaran For Respondent : Mrs.Kritika Kamal, Govt. 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 District and Sessions Judge, Salem to consider the bail application of the petitioners on the same day on their surrender in Crime No.593 of 2018 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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 District and Sessions Judge, Salem is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.593 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 VII) //True copy// Sub Assistant Registrar gms To 1.The Principal District and Sessions Judge, Salem.

2.The Inspector of Police, Sooramangalam Police Station, Salem.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate SR.No.43410 CRL.OP.No.16405 of 2018 GN(05/07/2018) https://hcservices.ecourts.gov.in/hcservices/