Subash, 25 Yrs, v. Inspector Of Police ,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2017

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH Crl.O.P. No.9215 of 2017

1. Subash

2. Viji

3. Boominathan

4. Muthu 5.Muruganantham 6.Kalidasan 7.Arul Pandi 8.Venkatesan 9.Vallarasu 10.Ranjith 11.Ganapathy 12.Jayakrishnan 13.Jeeva 14.Hariharan 15.Jagan 16.Jothimani 17.Arunkumar .. Petitioners/ Accused Nos.5 to Vs.

State by The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

(Crime No.202/2017) .. Respondent/ Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Learned Principal Sessions Judge, (Special Court for SC/ST Prevention of Atrocities Act) Panruti, Cuddalore District to accept the surrender of the petitioners herein concerned in Crime no.202 of 2017 on the file of the Learned Judicial Magistrate No.II, Panruti, Cuddalore District and to consider the Bail petition on the same day.

For Petitioners: Mr.K.Balu For Respondent: Mr.M.Mohamed Riyaz Government Advocate (Crl. Side)

O R D E R

The petitioners seek for a direction to Learned Principal Sessions Judge, (Special Court for SC/ST Prevention of Atrocities Act) Panruti, Cuddalore District, to consider the bail petition filed by the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.202 of 2017 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 147, 148, 427, 436, 323 IPC, 3(1)(r), 3(1)(s) SC/ST (POA) Act, 2015.

3. Heard the submissions made by the learned counsel for the petitioners and perused the materials available on record.

4. Considering the nature of offences alleged against the petitioners, the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and that taking into custody of the petitioners pending consideration of their bail application could cause them irreparable hardship, this Court considers it appropriate to direct petitioners to surrender within a period of ten days from today. The Learned Principal Sessions Judge (Special Court for SC/ST Prevention of Atrocities Act), Panruti, Cuddalore District, is also directed to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender, if the offences mentioned in this order is present in that petitions.

5.The petition is ordered accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sms/sli

To 1.The Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

2.The Government Advocate (Crl.side), High Court, Madras - 600 104.

3. The Principal Sessions Judge, (spl. Court for SC/ST prevention of Atrocities Act) Panruti, Cuddalore District.

+1cc to Mr.K.Balu, Advocate, S.R.No.37134 Crl.O.P. No.9215 of 2017 SJ(CO) RS(15/05/2017)