Madras High CourtCRL OP/24457/2016ordered

Ezhil, M/29, A1 v. The State Rep.By Its

2016-11-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24457 of 2016

1. Ezhil

2. Sivanesan

3. Kathiravan ...

Petitioners/ Accused No. 1 to 3 Vs The State Rep. by its Inspector of Police Thiruvannamalai Taluk Police Station ...

Respondent/ Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned District and Sessions Judge, Thiruvannamalai to consider the bail application to be filed by the petitioners in Crime No.678 of 2016 on the file of Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District on the same day. For Petitioners :

M/s.K.M.Vijayan Associates For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Learned District and Sessions Judge, Thiruvannamalai to consider the bail application to be filed by the petitioners in Crime No.678 of 2016 on the file of Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District on the same day.

2. The learned counsel for the petitioner submits that the petitioners have been implicated in this case for the alleged offences under Sections 341, 324, 323 3(1)(r) 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. https://hcservices.ecourts.gov.in/hcservices/

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 District and Sessions Judge, Thiruvannamalai is directed to consider the bail application, in the event of the petitioner filing such petition in connection with Crime No.678 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.

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

1. The District and Sessions Judge, Thiruvannamalai

2. The Inspector of Police Thiruvannamalai Taluk Police Station 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.K.M. Jayan Associates, Sr. 63463 Crl.OP.No.24457 of 2016 PK (CO) kk 8/11 https://hcservices.ecourts.gov.in/hcservices/