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Madras High CourtCRL OP/9361/2017granted

Vignesh @ Vicky, Aged 17 Yrs v. The State Rep.By

2017-05-10Honourable Mr Justice M.S. Ramesh2 pages

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.9361 of 2017 1.Vignesh @ Vicky 2.Jegadhish .. Petitioners/ Accused Nos.9 & 10 Vs.

The State, Rep by, Inspector of Police, Kadaladi Police Station, Polur Taluk, Tiruvannamalai District.

(Crime No.58 of 2017) .. Respondent/ Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Juvenile Justice Board, Tiruvannamalai, to consider the bail application of the petitioners, proposed to be filed in Crime No.58/2017 pending on the file of the respondent and pass orders on the same day when the petitioners have surrendered before the above said Court.

For Petitioners : Mr.M.V.Deenadayalan For Respondent : Mr.M.Mohamed Riyaz Government Advocate (Crl.side)

O R D E R

The petitioners seek for a direction to the learned Juvenile Justice Board, Tiruvannamalai 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.58 of 2017 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) of IPC r/w 3(1)(r) of SC&ST Prevention of Atrocities Amendment Act, 2015.

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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 Juvenile Justice Board, Tiruvannamalai, 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.Inspector of Police, Kadaladi Police Station, Polur Taluk,Tiruvannamalai District.

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

3. The Juvenile Justice Board, Tiruvannamalai.

+1cc to Mr.Deenadhayalan, Advocate, S.R.No.37185 Crl.O.P. No.9361 of 2017 SJ(CO) RS(12/05/2017) https://hcservices.ecourts.gov.in/hcservices/