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Madras High CourtCRL OP/24915/2016ordered

Krishnamoorthy, Aged 23 Years v. The Sub Inspector Of Police

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

0IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.24915 of 2016

1. Krishnamoorthy

2. Sethuraman ... Petitioners Vs

1. The Sub-Inspector of Police (L&O) Kallavi Police Station, Uthangarai T.K., Krishnagiri District.

2. The Deputy Superintendent of Police, Uthangarai, Krishnagiri District.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Principal Sessions Judge at Krishnagiri, to consider the surrender and bail application of the petitioners and dispose the bail application on the same day pending investigation in Crime No.253 of 2016 on the file of the respondents police. For Petitioners :

Mr.C.C.Sivakumar For Respondents :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal Sessions Judge at Krishnagiri, to consider the surrender and bail application of the petitioners and dispose the bail application on the same day pending investigation in Crime No.253 of 2016 on the file of the 1st 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, *341, 323 and 506 II of IPC r/w 3(1)(x) 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.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, Krishnagiri District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.253 of 2016 pending on the file of the 1st 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) Dated;18/11/2016 *Corrected order to go SAR(CS) Sd/- Assistant Registrar(CS-VII) Dated:21/11/2016 //True Copy// Sub Assistant Registrar mk To

1. The Principal Sessions Judge, To be substituted Krishnagiri District. to the order already despatched

2. The Sub-Inspector of Police (L&O) on 16/11/2016 Kallavi Police Station, Uthangarai T.K., Krishnagiri District.

3. The Deputy Superintendent of Police, Uthangarai, Krishnagiri District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.C.Sivakumar, Advocate, S.R.No.65368 Crl.OP.No.24915 of 2016 KS(CO) CA(15/11/2016) srg 21/11/2016 https://hcservices.ecourts.gov.in/hcservices/