Nishanth, Aged 27 Years, v. The State Rep . By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.25499 of 2016

1. Nishanth

2. Ashok

3. Dinesh ... Petitioners/Accused 11,12,13 Vs The Stater Rep. by Inspector of Police Thirukazhukundram Police Station, Kancheepuram District.

...Respondent/Complainant

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned District Principal and Sessions Judge, Chengalpattu, to consider the bail application of the petitioners on their surrender before the Court on the same day on merits in accordance with law in connection with PRC No.10 of 2015 on the file of Learned District Munsif cum Judicial Magistrate, Thirukkalukundram. For Petitioners :

Mr.T.S.Sivakumar For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the District Principal and Sessions Judge, Chengalpattu, to consider the bail application of the petitioners on their surrender before the Court on the same day on merits in accordance with law in connection with PRC No.10 of 2015 on the file of Learned District Munsif cum Judicial Magistrate, Thirukkalukundram.

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, 341, 294(b), 324, 323 and 506 (ii) of the Indian Penal Code, 1860 r/w Section 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.

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 Principal and Sessions Judge, Chengalpattu, is directed to consider the bail application, in the event of the petitioners filing such petition in connection with PRC No.10 of 2015 pending on the file of the District Munsif cum Judicial Magistrate, Thirukkalukundram, within a period of two weeks from the date of receipt of a copy of this order and consider the same in accordance with law on the same day.

With this observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The District Principal and Sessions Judge, Chengalpattu,

2. The District Munsif cum Judicial Magistrate, Thirukkalukundram.

3. -do Thro The Chief Judicial Magistrate, Kanchipuram District

4. The Inspector of Police Thirukazhukundram Police Station, Kancheepuram District.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.T.S. Sivakumar, Advocate, S.R.No.68697 ug(CO) md(25/11/2016) Crl.OP.No.25499 of 2016