Madras High CourtCRL OP/4574/2016disposed of

Gunasekaran, v. State Rep. By The

2016-03-02Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP.No.4574 of 2016 1.Gunasekaran 2.Kanagavalli 3.Ajith Raja ... Petitioners Vs.

State rep.by The Inspector of Police, All Women Police Station, Thudiyalur.

(Cr.No.8 of 2016) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District and Sessions Judge, Coimbatore/the Special Court, Coimbatore, to consider the bail application of the petitioners herein on the same day of surrender pertaining to the Crime No.8 of 2016 on the file of the respondent. For Petitioners : Mr.A.Swaminathan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge, Coimbatore/the Special Court, Coimbatore, to consider the bail application of the petitioners in Cr.No.8 of 2016 on the file of the respondent, on the very same day of presentation after surrendering themselves before the learned Principal District and Sessions Judge, Coimbatore/the Special Court, Coimbatore.

2. The learned counsel appearing for the petitioners submits that the petitioners have been implicated in this case for the alleged offence under Sections 498[A] and 313 IPC and Section 3 (i) (Xr), 3(i) (S) of SC & ST Act, 1989 amended in 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. Heard the learned Additional Public Prosecutor appearing 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 learned Principal District and Sessions Judge, Coimbatore/the Special Court, Coimbatore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.8 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day. With this observation, this petition is disposed of. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kal To

1. The Inspector of Police, All Women Police Station, Thudiyalur.

(Cr.No.8 of 2016)

2. The Principal District and Sessions Judge/ the Special Court, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Swaminathan, Advocate, S.R.No.13453 Crl.OP.No.4574 of 2016 SVI(CO) CA(10/03/2016) https://hcservices.ecourts.gov.in/hcservices/