Madras High CourtCRL OP/24186/2016ordered

S.Ramasamy, M/57 v. State Rep. By

2016-11-03Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24186 of 2016

1. S.Ramasamy

2. Singarvadivelan

3. Jayakumar

4. Palanisamy

5. Leela ... Petitioners/Accused Vs State rep. by The Sub-Inspector of Police Valavanthi Nadu Police Station, Namakkal District.

...Respondent/Complainant

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge, Namakkal to consider the bail petition filed by the petitioners in Crime No.123 of 2016 on the file of the Inspector of Police, Valavanthi Nadu Police Station, Namakkal District on the same day on their surrender before the Principal Sessions Judge, Namakkal (The Special Judge for SC/ST Act Cases). For Petitioners :

Mr.B.Vasudevan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal Sessions Judge, Namakkal to consider the bail petition filed by the petitioners in Crime No.123 of 2016 on the file of the Inspector of Police, Valavanthi Nadu Police Station, Namakkal District on the same day on their surrender before the Principal Sessions Judge, Namakkal (The Special Judge for SC/ST Act Cases).

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections *3(1)(g) 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 Judge, Namakkal District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.123 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 this observation, this criminal original petition is disposed of.

-s/d- Assistant Registrar (CS-VII) Dated:04/11/2016 *Corrected as per order dated 17/11/2016 in Crl M.P.No.12192/16 in Crl O.P.No.24186/16 Sd/- Assistant Registrar(CS-III) Dated:23/11/2016 True Copy Sub-Assistant Registrar To

1. The Principal Sessions Judge, Corrected order to be (SC & ST Act Cases) Substituted to Namakkal. the order already despatched on

2. The Sub-Inspector of Police 4/11/16 Valavanthi Nadu Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.B.Vasudevan Advocate sr 62816 Crl.OP.No.24186 of 2016 aa04/11/2016 srg 23/11/2016