G.Ekambaram, M/47 v. the State Rep. by Its
Case brief
What is this about?
Quashing order under Section 482 CrPC directing the Principal District and Sessions Judge, Krishnagiri, to consider the petitioner's bail application within two weeks and decide it on the same day, acknowledging the bar under Section 18 of the SC/ST Act against anticipatory bail in the underlying charge.
What did the court decide?
Order directed Principal District and Sessions Judge, Krishnagiri to consider petitioner's bail application within two weeks and act on the same day.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.25955 of 2016
- G.Ekambaram
2. S.Sekar
3. K.Shankar
4. D.Ramamurthy
5. G.Saravanan
6. V.Delhi Ganesh
7. A.Velu
8. D.Rajesh
9. D.Suresh
10.K.Senthil
11.G.Karthik
12.M.Ramajayam
13.M.Anand
14.S.Ravi
15.T.Natraj ... Petitioners
Vs
The State Rep. by its
Inspector of Police
Kallavi Police Station,
Krishnagiri District. ...Respondent
Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioners in Crime No.270 of 2016 on the file of Inspector of Police, Kallavi Police Station, Krishnagiri District on the same day.
For Petitioners : Mr.M.P.Saravanan For Respondent : Mr.C.Emalias Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioners in Crime No.270 of 2016 on the file of Inspector of Police, Kallavi
Issues for consideration
3 issues framed by the court
Whether the Principal District and Sessions Judge, Krishnagiri should be directed to consider the bail application filed by the petitioners within two weeks.
Whether the specific bar under Section 18 of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act precludes the petitioners from moving an anticipatory bail application.
Whether the High Court should direct the Session Judge to consider the bail application and decide it on the same day.
Parties & counsel
- petitioner
G.Ekambaram and others
- respondent
The State Rep. by its Inspector of Police
Coram
P.N. Prakash
Case details
As recorded by the court registry
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