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Madras High CourtCRL OP/24046/2016ordered

Muthalagan, Age 55 Years, v. State Rep. By,

2016-11-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24046 of 2016

1. Muthalagan

2. Anand

3. Vikki @ Viknesh

4. Manikandan ...

Petitioners Vs State rep. by The Inspector of Police, Perugavazhthan Police Station, Tiruvarur District.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Principal District and Sessions Judge, Tiruvarur to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.125 of 2016 on the file of the respondent pending investigation on the file of respondent.

For Petitioners :

Mr.T.Muruganantham For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Judge, Tiruvarur to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.125 of 2016 on the file of the respondent.

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, 294-B, 323, 324, 506 (ii), 307 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, https://hcservices.ecourts.gov.in/hcservices/

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 Learned Principal Sessions Judge, Tiruvarur District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.125 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.

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

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

1. The Principal Sessions Judge, Tiruvarur District.

2. The Inspector of Police, Perugavazhthan Police Station, Tiruvarur District.

3. The Public Prosecutor, High Court, Madras. +1 cc to M/s.T.Murugananthan Advocate sr 61897 Crl.OP.No.24046 of 2016 rp(co) aa02/11/2016 https://hcservices.ecourts.gov.in/hcservices/