Madras High CourtCRL OP/18618/2018disposed of

Shankar, v. The Inspector Of Police,

2018-07-25Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18618 of 2018 1.Shankar 2.Vairagundu @ Chellakutti 3.Oothalsekar @ Sekar 4.Mohan 5.Sakthivel 6.Ajith ... Petitioners Vs The Inspector of Police Kadaladi Police Station Tiruvannamalai District.

...Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C., seeking a direction to the Principal Sessions Judge, Thiruvannamalai, to accept the surrender of the petitioners in Crime No.15 of 2018 on the file of the respondent and to consider the bail application on the same day. For Petitioners :

Mr.C.B.Santhosh KUmar For Respondent :

Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Principal Sessions Judge, Thiruvannamalai, to accept the surrender of the petitioners in Crime No.15 of 2018 on the file of the respondent and to consider the bail application on the same day.

2. Today, Mr.B.Elangovan, Special Sub-Inspector of Police, Kadaladi Police Station, Thiruvannamalai District, is present before this Court.

3. 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, 324, 336 and 506(ii) of the Indian Penal Code, 1860 and Section 3(1)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989, Amendment 2015 and that in view of the https://hcservices.ecourts.gov.in/hcservices/

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.

4. The learned Government Advocate (Crl. Side) takes notice for the respondent.

5. 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 Principal Sessions Judge, Thiruvannamalai, is directed to consider the bail application, in the event of the petitioners filing such petition in connection with Crime No.15 of 2018 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 this observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To 1.The Principal Sessions Judge, Thiruvannamalai District.

2. The Inspector of Police Kadaladi Police Station Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.L.P.BALAJIRAM, Advocate, S.R.No. 50118 Crl.OP.No.18618 of 2018 TR(26/07/2018) https://hcservices.ecourts.gov.in/hcservices/