Kannan, Aged 37/17, v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2017

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.7820 of 2017 1.Kannan 2.Karthick @ Karthi 3.Ramesh ... Petitioners Vs.

The State Represented by 1.The Superintendent of Police, District Police Office, Collectorate, Master Plan Complex, Tiruvarur, Tiruvarur District.

2.The Inspector of Police, Kodavasal Police Station, Tiruvarur District (Crime No.149 of 2017) ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned First Additional District Judgecum-P.C.R.Court, Thanjavur to accept the surrender of the petitioners and consider their bail applications on the date of surrender in connection with Crime No.149 of 2017 pending on the file of the respondents.

For Petitioners :

Mr.B.Ram Prasath For Respondents :

Mr.M.Mohammed Riyaz Government Advocate (Crl. Side)

O R D E R

The petitioners seek for a direction to the learned First Additional District Judge-cum-P.C.R.Court, Thanjavur to release these petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No. 149 of 2017 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 294 (b), 323 of IPC and 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.The submissions made by Mr.B.Ram Prasath, learned counsel for the petitioners and by Mr.M.Mohammed Riyaz, learned Government Advocate (Crl. Side) representing the respondents were heard. The materials available on record were also perused. 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) Amendment Act, 2015 and that taking into custody of the petitioners pending consideration of their bail application could cause them irreparable hardship, this Court feels it appropriate to direct the learned First Additional District Judge-cum-P.C.R.Court, Thanjavur to consider the bail applications 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(CCC) //True Copy// Sub Assistant Registrar pri To 1.The First Additional District Judge-cum-P.C.R.Court, Thanjavur.

2.The Superintendent of Police, District Police Office, Collectorate, Master Plan Complex, Tiruvarur, Tiruvarur District.

3.The Inspector of Police, Kodavasal Police Station, Tiruvarur District (Crime No.149 of 2017)

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

+1cc to Mr.B.Ram Prasath, Advocate Sr.7267 Crl.O.P.No.7820 of 2017 ev[co] srg 21/04/2017