Madras High CourtCRL OP/9175/2017ordered

Saravanan M/A 21 Years, v. The State Rep. By Its,

2017-05-05Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.OP.No.9175 of 2017 1.Saravanan 2.Prem Kumar 3.Yogi @ Yoga Prakasam ... Petitioners Vs State rep. By The Inspector of Police Palaiyur Police Station, Nagapattinam District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Learned (*)District Sessions Court, Nagapattinam to consider the petitioners bail application on the same day on merits in respect of Crime No.75 of 2017 on the file of respondent police.

For Petitioners :

Mr.Mujibur Rahman For Respondent :

Mr.B.Ramesh Babu Government Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the Learned (*)District Sessions Court, Nagapattinam to accept the surrender of the petitioners and consider their bail petition on the same day on merits in respect of Crime No.75 of 2017 on the file of respondent police.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 294(b) and 324 IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) 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.

3. The learned Government Advocate (Crl.side) takes notice for the respondent.

4.Considering the submissions of both sides and also https://hcservices.ecourts.gov.in/hcservices/

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, learned (*)District Sessions Court, Nagapattinam, is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.75 of 2017 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 consider the same in accordance with law on the same day. With this observation, this criminal original petition is disposed of.

Sd/- Asst.Registrar (V.O ) 08.05.2017 Assistant Registrar(CCC) 31.05.2017 /true copy/ Sub Asst. Registrar mk To (*)To be Substituted to

1. The District Sessions Judge, the order already Nagapattinam dispatched on 09.05.2017.

2. The Inspector of Police, Palaiyur Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

(*)+1CC to Mr.Mujibur Rahman, Advocate SR.No.37862 (*) Amended as per order of this court dated 24.05.2017 Crl.Mp.6636 of 2017 in Crl.Op. no.9175 of 2017 Crl.O.P.No.9175 of 2017 mg(co) ss(8/5/2017) RS(31/05/2017) https://hcservices.ecourts.gov.in/hcservices/