Madras High CourtCRL OP/17330/2018disposed of

Jageer @ Jakeer Hussain, v. State Rep By:-

2018-07-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.17330 of 2018 1.Jageer @ Jakeer Hussain 2.Mubeen 3.Arabath @ Yasar Arafath .. Petitioners Vs State rep. by Inspector of Police, E-3, Minjur Police Station, Thiruvallur District 601 203.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Principal District and Sessions Judge, Thiruvallur to consider the bail application to be filed by the petitioners in Crime No.327 of 2018 for the offences u/s 294(b), 341, 394 & 506(ii) IPC and 3(1)(x) of SC&ST Act, 1989 and release them on bail on the very same day of their surrender by filing the bail petition before the said Court. For Petitioners : Mr.K.Sarath Kumar 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, Tiruvallur to consider the bail application of the petitioners on the same day on their surrender in Crime No.327 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 294(b), 341, 394 & 506(ii) IPC and 3(1)(x) of SC/ST 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 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, Tiruvallur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No. 327 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-IX) //True Copy// Sub Assistant Registrar gms To 1.The Principal District and Sessions Judge Tiruvallur 2.The Inspector of Police, E-3, Minjur Police Station, Thiruvallur District 601 203.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.SARATHKUMAR, Advocate, S.R.No.45417 CRL.OP.No.17330 of 2018 KJI(CO) TR(12/07/2018) https://hcservices.ecourts.gov.in/hcservices/