Karthi, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.05.2016

CORAM:

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN CRL.O.P.No.10628 of 2016 1.Karthi 2.Pasupathy 3.Raja .. Petitioners Vs.

1.The Inspector of Police Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

(Crime No.254 of 2016) 2.The Deputy Superintendent of Police, Tiruvannamalai Division, Tiruvannamalai District.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal Sessions Judge, Tiruvannnamalai, Tiruvannamalai District to accept the surrender of the petitioners herein before him, concerned in Crime No.254 of 2016 on the file of the Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District and consider their bail application on the same day itself. For Petitioners : Mr.T.Shanmugam For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction to the learned Principal Sessions Judge, Tiruvannnamalai, Tiruvannamalai District to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.254 of 2016 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 147, 294(b), 323 IPC r/w. Section 3(1)(S) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The submissions made by Mr.T.Shanmugam, learned counsel for the petitioners and by Mr.M.Maharaja, learned Additional Public Prosecutor representing the respondents were heard. The materials available on record were also perused. https://hcservices.ecourts.gov.in/hcservices/

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 the learned Principal Sessions Judge, Tiruvannnamalai, Tiruvannamali District to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gm/vsm To 1.The Principal Sessions Judge, Tiruvannnamalai, Tiruvannamalai District.

2.The Inspector of Police Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras, Chennai.

+ 1 cc to Mr.T. Shanmugam, Advocate SR.28218 (17.05.16) CRL.O.P.No.10628 of 2016 SV(CO) Eu 13.05.16 https://hcservices.ecourts.gov.in/hcservices/