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1997 Supreme(Mad) 807

M.KARPAGAVINAYAGAM
THAVAM – Appellant
Versus
STATE – Respondent


For the Appearing Parties:B. Nedunchezhian, Maharaja, N.R. Elango, P. Jagadeesan, P.N. Chezhian, V. Chandrakanthan, Advocates.

Judgment :

KARPAGAVINAYAGAM, J.

( 1 ) HEARD.

( 2 ) THE question that arises for consideration in all these applications filed by the petitioners invoking Section 438 of the Code of Criminal Procedure, seeking to get the relief of anticipatory bail in the cases registered against them for the offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is as to whether they could claim such a relief despite the bar under Section 18 of the said Act.

( 3 ) ALL the counsel appearing for the petitioners, who filed separate applications under Sections 438 of the Code of Criminal Procedure, uniformly appealed to this Court that the petitioners are entitled to grant of anticipatory bail, in as much as the so many other persons, in other cases, accused of the similar offences, have been granted anticipatory bail by this Court on earlier occasions. They would as well produce the carbon copies of unreported orders, earlier passed by this Court.

( 4 ) MR. N. R Elango, the learned Government Advocate would raise a preliminary objection before this Court, contending that all the applications are not maintainable in-view of Section 18 of


































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