Madras High CourtCRL OP/19975/2016disposed of

Thirukumaran, Aged 29 Years v. The State Rep. By

2016-09-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.19975 of 2016 1.Thirukumaran 2.Nadanamoorthy 3.Tamilarasan 4.Sanjai ..Petitioners Vs State rep.by Inspector of Police, Poraiyar Police Station, Poraiyar, Nagapattinam.Dt.

(Crime No.346/2016) ..Respondent Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Learned First Additional District Sessions Judge, Thanjavur to accept the surrender of the petitioner herein and consider the Bail Petition concerned in Crime No.346 of 2016 on the file of the Inspector of Police, Poraiyar Police Station, Nagapattinam District on the same day itself.

For Petitioners :Mr.C.T.Saravanan For Respondent :Mr. C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the Learned First Additional District Sessions Judge, Thanjavur to accept the surrender of the petitioner herein and consider the Bail Petition concerned in Crime No.346 of 2016 on the file of the Inspector of Police, Poraiyar Police Station, Nagapattinam District on the same day itself.

2. The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 324, 379 IPC R/w Sec.3(1)(r), 3(1)(s), 3(2)(va) Prevention of Atrocities Amendment Act 2015 and that in view of the specific https://hcservices.ecourts.gov.in/hcservices/

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 Additional Public Prosecutor takes notice for the respondent.

4. Considering the submissions of both sides and also 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.

5. The learned First Additional District Sessions Judge, Thanjavur, is directed to consider, on the petitioners' surrendering before the said Court within a period of two weeks from the date of receipt of a copy of this order, the bail application, in the event of the petitioners' filing such petition in Crime No.346 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

With this observation, this criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sms To

1. Inspector of Police, Poraiyar Police Station, Poraiyar, Nagapattinam.Dt.

(Crime No.346/2016)

2. The First Additional District and Sessions Judge, Thanjavur.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.T.Saravanan, Advocate, S.R.No.50077 EU(07/09/2016) Crl.OP.No.19975 of 2016 https://hcservices.ecourts.gov.in/hcservices/