Madras High CourtCRL OP/16777/2018disposed of

Saravanan, Aged About 26 Years v. State Rep. By

2018-07-04Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.16777 of 2018 1.Saravanan 2.Perumal @ Ramkumar 3.J.Karthick 4.Kesavan 5.Mohan @ Mohan Kumar .. Petitioners Vs State rep. by Inspector of Police, Natrampalli Police Station, *Vellore District.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Vellore, Vellore District to consider the petitioners bail application on their surrender in Crime No.146 of 2017 pending on the file of the Inspector of Police, Natrampalli Police Station, Vellore District, For Petitioners : Mr.E.Kannadasan For Respondent : Mrs.Kritika Kamal, Govt. Advocate [Crl.Side]

O R D E R

The learned counsel for the petitioners submit that the petitioners have come forward with this petition seeking for a direction to the learned Principal Sessions Judge, Vellore to consider the bail application of the petitioners on the same day on their surrender in Crime No.146 of 2017 pending on the file of the respondent.

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), 324 IPC and Section 3 of Public Property (Prevention of Damage and Loss) Act, 1992 r/w Section 3(1)(i) of SC/ST [Prevention of Atrocities] Act, 1989 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, the petitioners have come forward with the said prayer.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate 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 SC/ST [Prevention of Atrocities] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Vellore is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.146 of 2017 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order and dispose of the same on merits and in accordance with law on the same day. With the above observation, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) 05/07/2018 Corrected as per order dated 27/07/2018 in Crl.Mp.No.9970/18 in Crl.Op.16777/2018.

Sd\- Assistant Registrar(CS II) 30/07/2018 //True Copy// Sub Assistant Registrar gms To To be Substituted the order 1.The Principal Sessions Judge, already despatched on 06/07/18 Vellore.

2.The Inspector of Police, Natrampalli Police Station, *Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate sr.no.43442 CRL.OP.No.16777 of 2018 nr 05/07/2018 nr 31/07/2018 https://hcservices.ecourts.gov.in/hcservices/