Madras High CourtCRL OP/19581/2018disposed of

Raman@Ram Prasad (24) v. The State Rep By

2018-08-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19581 of 2018 1.Raman @ Ram Prasad 2.Balachandar .. Petitioners Vs The State rep. by The Inspector of Police, Nangavalli Police Station, Salem District.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal Sessions Judge, Salem to consider the bail application of the petitioners on the same day of surrender in Crime No.174 of 2018 before the court on the file of the respondent police.

For Petitioners : Mr.M.Mariappan 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 Principal Sessions Judge, Salem to consider the bail application of the petitioners on the same day on their surrender in Crime No.174 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 147, 294[b], 323 and 506[1] 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government 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 Principal Sessions Judge, Salem is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.174 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 II ) //True copy// Sub Assistant Registrar gya To 1.Principal Sessions Judge, Salem.

2.The Inspector of Police, Nangavalli Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Mariappan, Advocate SR.No.53812 CRL.OP.No.19581 of 2018 GN(09/08/2018) https://hcservices.ecourts.gov.in/hcservices/