Madras High CourtCRL OP/25092/2018disposed of

Vignesh v. State By

2018-10-26Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.25092 of 2018 1.Vignesh 2.Prathap ..Petitioners Vs State by The Inspector of Police, Pachal Police Station, Tiruvannamalai District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Sessions Judge, Tiruvannamalai District to consider the bail application of the petitioners on the same day on their surrender in Cr.No.444 of 2018 on the file of the respondent Police.

For Petitioners : Ms.M.Rebecca For Respondent : Mr.C.Raghavan, GA (Crl. Side)

O R D E R

The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the learned Sessions Judge, Tiruvannamalai District to consider the bail application of the petitioners on the same day on their surrender in Crime No.444 of 2018 pending on the file of the respondent.

2.The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324 and 506(2) of IPC r/w Section 3(1)(r), 3(1)(s) of SC/ST [POA] Amendment Act, 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 Government Advocate takes notice for the respondent.

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4.Taking into consideration the nature of the allegations in the FIR and considering the submissions of both sides and also, in view of the specific bar under Section 18 of the SC/ST [POA] Act that the petitioners cannot move any anticipatory bail, the learned Sessions Judge, Tiruvannamalai District is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.444 of 2018 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 dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gya To 1.Sessions Judge, Tiruvannamalai District.

2.The Inspector of Police, Pachal Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Ms.M.Rebecca, Advocate, S.R.No.73835 CRL.OP.No.25092 of 2018 rrs 29/10/2018 https://hcservices.ecourts.gov.in/hcservices/