Madras High CourtCRL OP/18480/2018closed

Thirupathy @ M.G.R.M/A 27 Yrs, v. The State Rep By Its,

2018-07-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18480 of 2018 1.Thirupathy 2.Suresh 3.Murugan 4.Mahalingam 5.Sarathi ... Petitioners Vs State rep. by The Inspector of Police Veppamkuppam Police Station Vellore District.

...Respondent

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure seeking a direction to the learned Principal District and Sessions Judge, Vellore, Vellore District to consider the petitioners' bail application on their surrender in Crime No.155 of 2011 pending on the file of the Inspector of Police, Veppamkuppam Police Station, Vellore District. For Petitioners :

Mr.E.Kannadasan For Respondent :

Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal District and Sessions Judge, Vellore, Vellore District to consider the petitioners' bail application on their surrender in Crime No.155 of 2011 pending on the file of the Inspector of Police, Veppamkuppam Police Station, Vellore District.

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, 323, 324 of the Indian Penal Code, 1860 and Section 3(1)(x) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 and that in view of the specific bar under https://hcservices.ecourts.gov.in/hcservices/

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 Government Advocate (Crl. Side) takes notice for the respondent and submitted that the investigation in Crime No.155 of 2011 has not been completed.

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 Principal District and Sessions Judge, Vellore, Vellore District, is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.151 of 2011 pending 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 consider the same in accordance with law on the same day. With this observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mk To

1. The Principal District and Sessions Judge, Vellore, Vellore District.

2. The Inspector of Police Veppamkuppam Police Station Vellore District.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate Sr.48883 Crl.OP.No.18480 of 2018 srg 24/07/2018 https://hcservices.ecourts.gov.in/hcservices/