Madras High CourtCRL OP/24912/2016ordered

Manikandan, M/20 Years v. State By

2016-11-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24912 of 2016

1. Manikandan

2. Venkat

3. Akash

4. Puli @ Dinakaran @ Manikandan

5. Saravanan ... Petitioners/Accused Vs State by Sub Inspector of Police Thimiri Police Station, Vellore District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to consider the petitioner bail application on the very same day in the Principal District and Sessions Judge, Vellore in the event of arrest in the hands of respondent in Cr.No.407 of 2016 pending investigation on the file of the respondent police.

For Petitioners : Mr.A.Saranraj For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to consider the petitioners bail application on the very same day before the Principal District and Sessions Judge, Vellore in the event of arrest in Crime No.407 of 2016 pending investigation on the file of the respondent police.

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 and 324 IPC r/w 3(1)

(1) 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.

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 Principal District and Sessions Judge, Vellore District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.407 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.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mk To

1. The Prinicpal District and Sessions Judge, Vellore.

2 The Sub Inspector of Police Thimiri Police Station, Vellore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Saranraj, Advocate, S.R.No.65692 Crl.OP.No.24912 of 2016 SKV(CO) CA(15/11/2016) https://hcservices.ecourts.gov.in/hcservices/