Madras High CourtCRL OP/25955/2016ordered

G.Ekambaram, M/47 v. The State Rep. By Its

2016-12-01Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.25955 of 2016

1. G.Ekambaram

2. S.Sekar

3. K.Shankar

4. D.Ramamurthy

5. G.Saravanan

6. V.Delhi Ganesh

7. A.Velu

8. D.Rajesh

9. D.Suresh 10.K.Senthil 11.G.Karthik 12.M.Ramajayam 13.M.Anand 14.S.Ravi 15.T.Natraj ... Petitioners Vs The State Rep. by its Inspector of Police Kallavi Police Station, Krishnagiri District.

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioners in Crime No.270 of 2016 on the file of Inspector of Police, Kallavi Police Station, Krishnagiri District on the same day.

For Petitioners :

Mr.M.P.Saravanan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioners in Crime No.270 of 2016 on the file of Inspector of Police, Kallavi

Police Station, Krishnagiri District on the same day.

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, 323, 324, 427 and 506(ii) of the Indian Penal Code, 1860 r/w Section 3(1)(r)(s) 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 Principal District and Sessions Judge, Krishnagiri, is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.270 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 consider the same in accordance with law on the same day.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Principal District and Sessions Judge, Krishnagiri

2. The Inspector of Police Kallavi Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.P. Saravanan, Advocate, S.R.No.71139 gj(CO) md(2/12/2016) Crl.OP.No.25955 of 2016