Madras High CourtCRL OP(MD)/2161/2016disposed of

Karuppiah Konar v. The Inspector Of Police

2016-02-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.2161 of 2016 1.Karuppiah Konar 2.Sankara Pandi 3.Chinna Thambi 4.Pandi 5.Sooriya Moorthy 6.Maragatham ... Petitioners vs.

State through The Inspector of Police Narikudi Police Station Virudhunagar District (Crime No.19 of 2016) ... Respondent PRAYER: This petition is filed under Section 482 Cr.P.C to direct the learned Principal Sessions Court, Virudhunagar District at Srivilliputtur (Special Court for SC/ST Act) Cases, to consider the bail application of the petitioners on the same date of surrender in Crime No.19 of 2016, on the file of the respondent Police.

For Petitioners : Mr.G.Marimuthu For Respondent : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The learned counsel appearing for the petitioners have submitted that the petitioners have come forward with this petition seeking for a direction to the learned Principal Sessions Judge (Special Judge for SC/ST Act) Cases, Virudhunagar District at Srivilliputtur, to consider the bail application of the petitioners on the same day on their surrender in Crime No.19 of 2016, pending on the file of the respondent Police.

2. The learned counsel for the petitioners has also submitted that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 324 I.P.C., and Section 3(1)(x) of S.C. & S.T. Act, 1989, 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.

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3. The learned Government Advocate (Criminal Side) takes notice 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 Sessions Judge (Special Judge for SC/ST Act) Cases, Virudhunagar District at Srivilliputtur, is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.19 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.

5. With the above observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(R) /True Copy/ Sub Assistant Registrar.

To 1.The Principal Sessions Judge, (Special Judge for SC/ST Act) Cases, Virudhunagar District at Srivilliputtur.

2.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to to Mr.G.Marimuthu,Advocate, SR.No. 7635 Crl.O.P(MD).No.2161 of 2016 08.02.2016 AM/10.02.2016/NGM.SS/SAR-I/2P/5C https://hcservices.ecourts.gov.in/hcservices/