Madras High CourtCRL OP/22737/2016ordered

Ilanjan, Aged 22 Years v. The Inspector Of Police

2016-10-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.22737 of 2016

1. Ilanjan

2. Raghupathy ...

Petitioners Vs 1.The Inspector of Police, Gudiyattam Taluk Police Station, Vellore District.

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

...

Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge, Vellore, to consider the petitioners' bail application on their surrender in connection with the crime No.210 of 2016 on the file of the 1st respondent on the same day on merits. For Petitioners : Mr.M.Subash Pandiyan For Respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal Sessions Judge, Vellore, to consider the petitioners' bail application on their surrender in connection with the crime No.210 of 2016 on the file of the 1st respondent on the same day.

2. The learned counsel for the petitioners submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 324 and 506(ii) of IPC r/w Section 3(1)(s) of SC/ST (POA) Amendment 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.

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3. The learned Additional Public Prosecutor takes notice for the respondents.

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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Vellore District is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.210 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 this observation, this Criminal Original Petition is disposed of accordingly.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

kmi To 1.The Inspector of Police, Gudiyattam Taluk Police Station, Vellore District.

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

3. The Principal Sessions Judge, Vellore.

4. The Public Prosecutor, High Court, Chennai.

Crl.OP.No.22737 of 2016 SNS (CO) MD : 07/10/2016 https://hcservices.ecourts.gov.in/hcservices/