Madras High CourtCRL OP/4625/2016disposed of

Vignesh v. State By

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.4625 of 2016 1.Vignesh 2.Sathish Kumar 3.Vijay 4.Suriya 5.Rajesh 6.Ramki @ Ramakrishnan .. Petitioners Vs.

State rep. by Inspector of Police, Kuthalam Police Station, Nagapattinam District (Crime No.46/2016) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned I Additional District and Sessions Judge (PCR) at Tanjore, to accept the surrender of the petitioners herein before him concerned in Crime No.46 of 2016 on the file of the Inspector of Police, Kuthalam Police Station, Nagapattinam District and consider their bail petition on the same day itself. For Petitioners :Mr.P.M.Kumaravel For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned I Additional District and Sessions Judge (PCR) at Tanjore to consider the bail application of the petitioners in Cr.No.46 of 2016 on the file of the respondent, on the very same day of presentation after surrendering themselves before the learned Additional District and Sessions Judge (PCR) at Tanjore.

2. The learned counsel appearing for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b) and 506(ii) IPC r/w. Sec.3 (1) of the TNPPDL Act and Section 3

(1) (S), 3(2)(va) of the SC & ST Act (POA) Amendment Ordinance 2014 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 https://hcservices.ecourts.gov.in/hcservices/

forward with the said prayer.

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 Additional District Sessions Judge (PCR) at Tanjore, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.46 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.

This petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kal To

1. Inspector of Police, Kuthalam Police Station, Nagapattinam District

2. The I Additional District and Sessions Judge (PCR) at Tanjore 3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.M.Kumaravel, Advocate, sr.13597 Crl.OP.No.4625 of 2016 ad co kra 09.03.2016 https://hcservices.ecourts.gov.in/hcservices/