Manikandan, M/26 v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19479 of 2018 1.Manikandan 2.Prakash @ Sengottayan .. Petitioners Vs The State of Tamilnadu Rep. by Inspector of Police, Vellithiruppur Police Station, Erode District.

Crime No.162/2018 .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Special Court/Principal Sessions Court, Erode to consider the bail application of the petitioner on the same day in Crime No.162 of 2018 on the file of Vellithiruppur Police Station, Erode District. For Petitioners : Mr.P.Sesubalan Raja For Respondent : Mr.C.Iyyapparaj, APP

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 Special Judge/Principal Sessions Court, Erode to consider the bail application of the petitioners on the same day on their surrender in Crime No.162 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 294[b], 324 and 379 IPC r/w Section 3(1)(r), 3(1) (s) and 3(2)(va) of SC/ST [POA] Amendment Act, 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.

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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 SC/ST [POA] Act that the petitioners cannot move any anticipatory bail, the learned Special Judge/Principal Sessions Court, Erode is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.162 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-vii) //True Copy// Sub Assistant Registrar gya To 1.The Special Judge/Principal Sessions Court, Erode.

2.The Inspector of Police, Vellithiruppur Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.SESUBALAN RAJA Advocate, S.R.No. 53170 CRL.OP.No.19479 of 2018 SPD(CO) TR(06/08/2018) https://hcservices.ecourts.gov.in/hcservices/