Raji Babu, Aged 20 Years, v. The State Rep . By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24684 of 2016
1. Raji Babu
2. Sivalingam
3. Kesavan
4. Parasuraman
5. Mani
6. Ganapathy ... Petitioners/Accused 1,2,4,6,9 & 11 Vs State rep. by Inspector of Police Kilpennathur Police Station Kilpennathur Thiruvannamalai District. ...
Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the District and Sessions Court, Tiruvannamalai to consider the bail applications proposed to be filed by the petitioners in Crime No.357/2016 pending on the file of Kilpennathur Police Station on the same day, when the petitioners are surrender before the Court. 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, Tiruvannamalai to consider the bail applications proposed to be filed by the petitioners in Crime No.357/2016 pending on the file of Kilpennathur Police Station on the same day, when the petitioners are surrendered before the Court.
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, 324 506(ii) IPC & 3(1) (r) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 and that in view of the https://hcservices.ecourts.gov.in/hcservices/
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 District and Sessions Court, Tiruvannamalai is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.357 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 in accordance with law on the same day.
With this observation, this criminal original petition is disposed of.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mk To
1. The District and Sessions Court, Tiruvannamalai
2. The Inspector of Police Kilpennathur Police Station Thiruvannamalai District.
3. The Public Prosecutor, High Court, Madras. +1 cc to Mr.B.Jawahar Advocate sr 64237 Crl.OP.No.24684 of 2016 pvs(co) aa10/11/2016 https://hcservices.ecourts.gov.in/hcservices/