Madras High CourtCRL OP/23889/2016ordered

Maria Sisai M/A 27 Years v. The Station House Officer

2016-10-25Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23889 of 2016

1. Maria Susai *2. Jeyachitra @ Jecindha Mary ...

Petitioners Vs State rep. by The SHO, Neyveli Township Police Station, Block-8, Neyveli Township.

...

Respondent Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Honble Sessions Judge, Cuddalore to consider the bail application of the petitioners on the same day in the event of their surrender in connection with crime no.422 of 2016 on the file of the respondent police.

For Petitioners : Mr.G.Vijayakumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the Sessions Judge, Cuddalore to consider the bail application of the petitioners on the same day in the event of their surrender in connection with Crime No.422 of 2016 on the file of the respondent police.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 294(b), 323, 324, 506(ii) IPC, 3(1)(r), 3(1)(s) and 3(2) (v) of SC/ST (Prevention of Atrocity) 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.

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 https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Cuddalore, is directed to consider the bail application, in the event of the petitioners filing such petition in Cr.No.422 of 2016 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. With this observation, this Criminal Original Petition is disposed of accordingly.

Sd/- Asst.Registrar (CS V ) Dated: 26.10.2016 *Corrected as per the letter dated 8.11.2016 and made herein.

Sd/ Assistant Registrar Dated: 8.11.2016 /true copy/ Sub Asst. Registrar To 1.The Sessions Judge, Cuddalore.

To be substituted to the order

2. The SHO, already despatched Neyveli Township Police Station, on 1.11.2016 Block-8, Neyveli Township.

3.The Public Prosecutor, High Court, Chennai.

+1 cc to MrG.Vijayakumar, advocate,sr.60757.

vs(co) krd 1/11 kk 9/11 Crl.OP.No.23889 of 2016 https://hcservices.ecourts.gov.in/hcservices/