Disposed

M.Karthikeyan, Aged 52 Years, v. State Rep. by

Madras HC25 Nov 2016CRL OP/25709/2016

Case brief

AI extract

What is this about?

This Criminal Original Petition directs the Principal Sessions Judge, Salem to consider a bail application for Crime No.553 of 2016 within two weeks, disposing it on the same day, acknowledging the bar on anticipatory bail under the S.C. & S.T. Act.

What did the court decide?

Directs Principal Sessions Judge, Salem to consider bail application within two weeks and dispose of it on the same day.

M.Karthikeyan, Aged 52 Years, Vs State Rep. by — Anticipatory Bail | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.11.2016 CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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Crl.OP.No.25709 of 2016

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M.Karthikeyan 2. T.Kalaiselvi ... Petitioners/Accused Vs

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State rep. by Inspector of Police Sankari Police Station, Salem District. ...Respondent/complainant

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Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal Sessions Judge, Salem to consider the bail application in Crime No.553 of 2016 on the very same day on the file of the respondent police

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For Petitioners : Mr.A.Gokulakrishnan For Respondent : Mr.C.Emalias Additional Public Prosecutor ORDER

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This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge, Salem to consider the bail application in Crime No.553 of 2016 on the very same day on the file of the respondent police

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The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offence under Section 307 IPC r/w 3(1)(x) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 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.

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The learned Additional Public Prosecutor takes notice for the respondent.

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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

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

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anticipatory bail, the Principal Sessions Judge, Salem District is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.553 of 2016 pending 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 in accordance with law on the same day.

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With this observation, this criminal original petition is disposed of.

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-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
mk
To
1. The Principal Sessions Judge, Salem
2. The Inspector of Police
Sankari Police Station,
Salem District.
3. The Public Prosecutor,
High Court, Madras.
+1 cc to Mr.A.gobalakrishnan Advocate sr 69053
Crl.OP.No.25709 of 2016

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gjII(co) aa28/11/2016

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

M.Karthikeyan, Aged 52 Years, v. State Rep. by

Case brief

What is this about?

What did the court decide?

M.Karthikeyan, Aged 52 Years, v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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