Suresh, Age 36 Years, v. State Rep. By The Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21418 of 2016 1.Suresh 2.Jayakumar 3.Sudha 4.Gowtham 5.Anandharaji @ Anandhan 6.Karthi @ Karthick 7.Thanigaimalai @ Chinnapaiyan .. Petitioners/A2 to A6,A8,A9 Vs.

State rep. By The Inspector of Police, Kaveripakkam Police Station, Vellore District.

.. Respondent/Complainant (Crime No.316/2016) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the District & Sessions Court, Vellore (Special Judge for S.C. & S.T. Act) to consider their surrender and the bail application filed by the petitioners on the same day in connection with Crime No.316 of 2016 on the file of respondent Police.

For Petitioners : Mr.R.Sasikumar For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The learned counsel for the petitioners submits that the petitioners have come forward with this petition seeking for a direction to the District & Sessions Court, Vellore (Special Judge for S.C. & S.T. Act) to consider their surrender and the bail application of the petitioners, on the same day on their surrender in Crime No.316 of 2016, pending on the file of the respondent Police.

2.The learned counsel for the petitioners also submits that the petitioners have been implicated in this case for the alleged offences under Sections 147,148,294(b),323,324,506(2) https://hcservices.ecourts.gov.in/hcservices/

I.P.C. r/w 3(1)(r) of S.C. & S.T. (Prevention of Atrocities) Act and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, they have come forward with this petition 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, the District & Sessions Court, Vellore (Special Judge for S.C. & S.T. Act), is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.316 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.

5.With this observation, this petition is disposed of accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Kaveripakkam Police Station, Vellore District.

2.The Principal District and Sessions Judge, Vellore.

3.The Public Prosecutor, High Court, Madras.

4.The District and Sessions Judge Vellore (Special Judge for SC ST Act) +1 cc to Mr.R.Sasikumar Advocate sr 53959 Crl. O.P. No.21418 of 2012 aa23/09/2016 https://hcservices.ecourts.gov.in/hcservices/