Madras High CourtCRL OP/23700/2016ordered

Arumugam v. The Inspector Of Police

2016-11-09Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23700 of 2016

1. Arumugam

2. Shankar

3. Manikandan

4. Vinoth @ Vinoth Kumar

5. Bagawan Das

6. Seenu

7. Sekar

8. Suresh

9. Shakthivel 10.Mannangutti ... Petitioners/Accused Vs The Inspector of Police Cheyyur Police Station, Kancheepuram District.

...Respondent/Complainant

(Cr.No.601/09) Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions & District Judge (PCR), Chengalpattu to consider on the same day, the bail application to be filed by the petitioners / accused herein in Cr.No.601/2009 on the file of the respondent after been surrender.

For Petitioners :

Mr.G.Magesh Kumar For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal Sessions & District Judge (PCR), Chengalpattu to consider on the same day, the bail application to be filed by the petitioners / accused herein in Crime No.601/2009 on the file of the respondent after been surrender.

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, 452, 324, 506(ii) IPC r/w 3 of Prevention of Damages to Public Property Act & 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.

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 & District Judge (PCR), Chengalpattu is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.601 of 2009 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 in accordance with law on the same day.

With this observation, this criminal original petition is disposed of.

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

1. The Principal Sessions & District Judge (PCR), Chengalpattu

2. The Inspector of Police Cheyyur Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.G.Magesh Kumar Advocate sr 64158 Crl.OP.No.23700 of 2016 aa10/11/2016