Chinnarasu @ Manikandan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7995 of 2016 1.Chinnarasu @ Manikandan 2.Dinesh 3.Karthik 4.J.P. @ Jayaprpakash 5.Vignesh 6.Parthiban @ Maniprakash

...Petitioners

Vs.

State rep.by The Inspector of Police, Bhavani Police Station, Erode District.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions and District Judge, Erode (Special Court for SC/ST Prevention of Atrocities Act) to accept the surrender of the petitioners in Crime No.185 of 2016 on the file of the respondent and consider their bail application on the same day. For Petitioners : Mr.K.Balu For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the learned Principal Sessions and District Judge, Erode (Special Court for SC/ST Prevention of Atrocities Act) to accept the surrender of the petitioners in Crime No.185 of 2016 on the file of the respondent and consider their bail application on the same day.

2.The learned counsel for the petitioner submitted that the petitioner has been implicated in this case for the alleged offences under Sections 147, 294(b) and 323 IPC read with 3(1)(r) and (s) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move https://hcservices.ecourts.gov.in/hcservices/

any anticipatory bail application and therefore, the petitioners have come forward with the said prayer. 3.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 Sessions and District Judge, Erode (Special Court for SC/ST Prevention of Atrocities Act), is directed to consider the bail application, in the event of the petitioner filing such petition in Crime No.185 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 accordingly.

mps Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Principal Sessions and District Judge, (Special Court for SC/ST Prevention of Atrocities Act), Erode.

2.The Inspector of Police, Bhavani Police Station, Erode District.

3.The Public Prosecutor, Madras High Court, Madras. + 1 cc to Mr.K.Balu, Advocate Sr 22662 KR/13/4/16 Crl.O.P.No.7995 of 2016 https://hcservices.ecourts.gov.in/hcservices/