Madras High CourtCRL OP/25153/2018disposed of

Janaki v. The State, Represented By

2018-10-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.25153 of 2018 1.Janaki 2.Kangaraj .. Petitioners Vs The State rep. by The Inspector of Police, Padalur Police Station, Perambalur District.

(Crime No.316 of 2018) .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to pass an order of direction, directing the District and Sessions Judge, Perambalur to consider the bail application of the petitioners concerned in Crime No.316 of 2018, on the file of the Inspector of Police, Padalur Police Station, Perambalur District on their surrender on the same day on such terms and conditions.

For Petitioners : Mr.C.Prabakaran 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 District and Sessions Judge, Perambalur to consider the bail application of the petitioners on the same day on their surrender in Crime No.316 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 294(b), 323, 324 and 506

(2) IPC r/w Sections 3(1)(r) and 3(1)(s) of SC/ST [POA] 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 (Crl. Side) takes notice for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

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 [POA] Act that the petitioners cannot move any anticipatory bail, the learned District and Sessions Judge, Perambalur is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.316 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 dua To 1.The District and Sessions Judge, Perambalur.

2.The Inspector of Police, Padalur Police Station, Perambalur District.

(Crime No.316 of 2018) 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate,S.R.No.74526(31/10/2018) CRL.OP.No.25153 of 2018 rrs 30/10/2018 https://hcservices.ecourts.gov.in/hcservices/