Madras High CourtCRL OP/18335/2018disposed of

Natesan, M/A 52 Years, v. The State Rep By Its,

2018-07-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18335 of 2018 1.Natesan 2.Ramesh 3.Babu 4.Settu 5.Ravi 6.Kumar 7.Rajesh 8.Shanmugam 9.Harikrishnan 10.Lakshmanan 11.Madhavan 12.Seenivasan ... Petitioners Vs State Rep. by The Inspector of Police Arakkonam Taluk Station Vellore District.

...Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C., seeking a direction to the Principal Sessions Court, Vellore, to consider the petitioners' bail petition on the same day on their surrender before the Court in connection with the case in Crime No.308 of 2013 on the file of the respondent police.

For Petitioners :

Mr.T.N.Rangesh Kanna For Respondent :

Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal Sessions Court, Vellore, to consider the petitioners' bail petition on the same day on their surrender before the Court in connection with the case in Crime No.308 of 2013 on the file of the respondent police.

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 and 323 of the Indian Penal Code, 1860 and Section 3(1)(x) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 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.

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3. The learned Government Advocate (Crl. Side) takes notice for the respondent and submitted that the investigation in Crime No.308 of 2013 was completed and the charge sheet has been filed before the Judicial Magistrate, Arakkonam on 05.07.2014, however, the same has not been taken on file since the petitioners are in abscondence.

4. In view of the above and 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 Principal Sessions Court, Vellore, is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.308 of 2013 pending 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 consider the same in accordance with law on the same day. With the above direction, this petition is disposed of accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.The Principal Sessions Court, Vellore.

2. The Inspector of Police Arakkonam Taluk Station Vellore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.N.Rangesh, Advocate, S.R.No.50743 Crl.OP.No.18335 of 2018 VBA(CO) GSP(30/07/2018) https://hcservices.ecourts.gov.in/hcservices/