Madras High CourtCRL OP/24497/2016ordered

N.Latha, Aged 35 Years v. State By

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.24497 of 2016

1. N.Latha

2. P.Poornima

...Petitioners/Accused-2 & 3

Vs State by Inspector of Police All Women Police Station Tiruvannamalai, Tiruvannamalai District. ...Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the District and Sessions court at Tiruvannamalai to consider the bail application filed by the petitioners in connection with Crime No.26 of 2016 on the file of Inspector of Police, All Women Police Station, Tiruvannamalai, Tiruvannamalai District on their surrender on the same day on sympathetic ground. For Petitioners :

Mr.B.Jawahar For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the District and Sessions court at Tiruvannamalai to consider the bail application filed by the petitioners in connection with Crime No.26 of 2016 on the file of Inspector of Police, All Women Police Station, Tiruvannamalai, Tiruvannamalai District on their surrender on the same day on sympathetic ground.

2. The learned counsel for the petitioner submits that the petitioners have been implicated in this case for the alleged offences under Sections 376 IPC and 3(2)(v), 3(1)(w(i) and 3(1)(w)(ii) 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.

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3. The learned Additional Public Prosecutor takes notice for the respondent.

4. It is seen that the main accused in this case has been arrested. Since the petitioners are ladies and they are teachers, who are working in government school and 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.26 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/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mk To

1. The District and Sessions Judge, Thiruvannamalai

2. The Inspector of Police All Women Police Station Tiruvannamalai, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B. Jawahar, Advocate, S.R.No.63401 PK(CO) EU(07/11/2016) Crl.OP.No.24497 of 2016 https://hcservices.ecourts.gov.in/hcservices/