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Madras High CourtCRL OP/23488/2016ordered

S. Amudha, Age 45 Years, v. State By Inspector Of Police,

2016-10-24Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23488 of 2016

1. S.Amudha

2. D.Devi

3. Sekar @ Dhanasekar ...

Petitioners Vs State rep by The Inspector of Police H-3, Tondiarpet Police Station, Chennai.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge at Chennai, to consider the surrender and bail application and dispose of the bail application on the same day pending investigation in Crime No.871/2016 on the file of Inspector of Police, H-3, Tondiarpet Police Station, Tondiarpet, Chennai. For Petitioners :

Mr.C.Balaji For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal Sessions Judge at Chennai, to consider the surrender and bail application and dispose of the bail application on the same day pending investigation in Crime No.871/2016 on the file of Inspector of Police, H-3, Tondiarpet Police Station, Tondiarpet, Chennai.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offence under 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 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 S.C. & S.T. (Prevention of Atrocities) Act that the petitioners cannot move any anticipatory bail, the Principal Sessions Judge at Chennai, is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.871 of 2016 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 dispose of the same on merits and in accordance with law on the same day.

With the above direction and observation, this criminal original petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Principal Sessions Judge at Chennai.

2. The Inspector of Police H-3, Tondiarpet Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+2 ccs to M/s.C.Balaji Advocate sr 60231 Crl.OP.No.23488 of 2016 cnr(co) aa25/10/2016 https://hcservices.ecourts.gov.in/hcservices/