Madras High CourtCRL OP/23022/2016closed

Kumaran, M/A-34 Years v. State By

2016-10-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23022 of 2016

1. Kumaran

2. Anandaraj

3. Raja

4. Kumar

5. Velmurugan

6. Ravi

7. Shanmugam

8. Selvam

9. Sudhakar 10.Chinnathambi @ Sivakumar 11.Sasi @ Sasikumar ...

Petitioners Vs State by Inspector of Police Marakkanam Police Station Villupuram District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Principal Sessions Judge, (Special Court for SC/ST Prevention of Atrocities Act) Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in P.R.C.No.23 of 2014 in Crime No.272 of 2013 on the file of Learned Judicial Magistrate NO.II, Tindivanam, Villupuram District and consider the bail petition on the same day itself. For Petitioners :

Mr.K.Balu For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned Principal Sessions Judge, (Special Court for SC/ST Prevention of Atrocities Act) Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in P.R.C.No.23 of 2014 in Crime No.272 of 2013 on the file of Learned Judicial Magistrate NO.II, Tindivanam, Villupuram District and consider the bail petition on the same day itself.

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2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 352, 323, 324, 436, 506(ii)IPC, r/w 149 IPC and 3(1)(x), 3(2)(iv) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 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 Additional Public Prosecutor 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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the Learned Principal Sessions Judge, (Special Court for SC/ST Prevention of Atrocities Act) Villupuram, Villupuram District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.272 of 2013 pending on the file of 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/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To

1. The Principal Sessions Judge, (Special Court for SC/ST Prevention of Atrocities Act) Villupuram, Villupuram District

2. The Inspector of Police Marakkanam Police Station Villupuram District.

3.The Public Prosecutor, High Court, Madras.

1 cc to M/s.K.Balu, Advocate, sr.58329 Crl.OP.No.23022 of 2016 kra 18.10.2016 https://hcservices.ecourts.gov.in/hcservices/