Madras High CourtCRL OP/3967/2016disposed of

Krishnan v. The Deputy Superintendent Of

2016-06-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.3967 of 2016 1.Krishnan 2.Jayasheela .. Petitioners Vs The Deputy Superintendent of Police, Maduranthakam Division, All Women Police Station, Melmaruvathur ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu to entertain the bail application and to dispose of the matter on the same day on merits on their surrendering before the same court in connection with Crime No.2 of 2016 on the file of the Deputy Superintendent of Police, Maduranthakam Division, All Women Police Station, Melmaruvathur.

For Petitioners : Mr.R.Vijayakumar For Respondent : Mr.C.Emalias, APP

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu to consider the bail application of the petitioners on the same day on their surrender in Crime No.2 of 2016 pending on the file of the respondent.

2. The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 417, 376, 294[b], 506[i] IPC r/w 3[1][xi][xii] of SC & ST [Prevention of Atrocities] Act, 1989 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 and submitted that the petitioners are A2 and A3 and A1 has been arrested and released on bail.

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 SC & ST [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.2 of 2016 on the file of the respondent police and dispose of the same on merits, in accordance with law on the same day.

With this observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge, Kancheepuram District at Chengalpattu.

2.The Deputy Superintendent of Police, Maduranthakam Division, All Women Police Station, Melmaruvathur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Vijayakumar, Advocate Sr.30116 CRL.OP.No.3967 of 2016 ks[co] srg 07/06/2016 https://hcservices.ecourts.gov.in/hcservices/