Madras High CourtCRL OP/24259/2016ordered

Mani @ Manikandan v. State Rep. By

2016-11-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24259 of 2016

1. Mani @ Manikandan

2. Siththarthan

3. Sakthi @ Sathish Kumar

4. Saravanan ... Petitioners Vs State rep. by The Inspector of Police Gengavalli Police Station, Salem District.

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Principal Sessions Judge, Salem, Salem District to consider the petitioner's bail application on their surrender in P.R.C.No.24/2016 pending on the file of the Learned Judicial Magistrate No.II, Attur, Salem District.

For Petitioners :

Mr.E.Kannadasan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge, Salem District to consider the petitioner's bail application on their surrender in P.R.C.No.24/2016 pending on the file of the Learned Judicial Magistrate No.II, Attur, Salem District.

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, 506(ii) IPC r/w 3(1) (r)(s), 3(2)(va) 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.

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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, Salem District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.328 of 2014 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.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar mk To

1. The Principal Sessions Judge, Salem District.

2. The Inspector of Police Gengavalli Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

1 cc to M/s. E. Kannadasan, Advocate, SR. 62627 Crl.OP.No.24259 of 2016 ALA (CO) kk 7/11 https://hcservices.ecourts.gov.in/hcservices/