IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.06.2017 CORAM THE HONOURABLE MR.JUSTICE V.PARTHIBAN Crl.O.P. No.11294 of 2017
1. Rathinakala 2.Suburayalu 3.Suresh .. Petitioners Vs
1. The State,rep.by The Inspector of Police, PCR Cell, Pondicherry
2. K.Anbalagan .. Respondents Criminal Original Petition has been filed under Section 482 Cr.P.C., to Direct the II Additional District and Sessions Judge, Pondicherry, to consider the bail application of the petitioners herein on the very same day of their surrender pursuant to the FIR registered against the petitioners in Crime No.2 of 2017, dated 05.06.2017, pending on the file of the first respondent police, the Inspector of Police, PCR Cell, Pondicherry.
For Petitioners : Mr.B.Balavijayan For Respondents : Mr.A.Tamilvanan Addl. Public Prosecutor for R1 ORDER The petitioners have come forward with this petition for a direction to the learned the II Additional District and Sessions Judge, Pondicherry, to consider the bail application to be filed by them in connection with Crime No.2 of 2017 on the file of the respondent police, on the same day itself of their surrender.
2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 3(1)(r)(s) of SC/ST (POA) Act, 1989 and Sec.506(ii) IPC and that in view of the specific bar under Section 18 of the said Act, they cannot move any anticipatory bail application and therefore the petitioners have come forward with the said prayer.
3. The learned Additional Public Prosecutor takes notice for the respondent.
4. Considering the submissions of both sides and also considering the nature of the prayer in this case and 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 the II Additional District and Sessions Judge, Pondicherry, is directed to consider the bail application to be filed by the petitioners in Crime No.2 of 2017 on the file of the first respondent police, in the event of their surrender before the Court, and dispose of the same on merits and in accordance with law on the same day.
5. With the above observations, this Criminal Original Petition is disposed of.
16.06.2017 msk To
1. The State,rep.by The Inspector of Police, PCR Cell, Pondicherry
2. The II Additional District and Sessions Judge, Pondicherry
3. The Public Prosecutor, High Court, Madras.
V.PARTHIBAN,J msk Crl.O.P. No.11294 of 2017 16.6.2017