Madras High CourtCRL OP/16538/2018disposed of

Rathinam, Aged 42 Years, v. The State Rep. By

2018-06-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.16538 of 2018 1.Rathinam 2.Ravi @ Venkatesan .. Petitioners Vs The State rep. by The Inspector of Police, Edappadi Police Station,Edapadi Salem District.

(Crime No.53/2018) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal District Sessions Court, Salem to consider and pass orders on the bail applications of the petitioners on the same day on merits in the event of the petitioners surrender and filing bail applications in Crime No.53 of 2018 pending on the file of the respondent. For Petitioners : Mr.C.Kulanthaivel 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 Court, Salem to consider the bail application of the petitioners on the same day on their surrender in Crime No.53 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 Sections 323 and 324 IPC r/w Section 3(1)(x) SC/ST [Prevention of Atrocities] Act, 1989 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.

https://hcservices.ecourts.gov.in/hcservices/

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 District Sessions Court, Salem is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.53 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 IV) //True Copy// Sub Assistant Registrar gya To 1.Principal District Sessions Court, Salem.

2.The Inspector of Police, Edappadi Police Station,Edapadi Salem District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Kulanthaivel, Advocate sr.no.41000 CRL.OP.No.16538 of 2018 na(co) nr 28/06/2018 https://hcservices.ecourts.gov.in/hcservices/