Siva, Aged 20 Years, v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19179 of 2018 1.Siva 2.Ashok 3.Vignesh 4.Muniappan 5.Jayaseelan 6.Arulpandian 7.Velayutham 8.Suresh .. Petitioners/A2 to 7,10&11 Vs 1.The Deputy Superintendent of Police, Tiruvannamalai Sub Division, Tiruvannamalai District.

2.The Inspector of Police, Patchal Police Station, Tiruvannamalai District.

.. Respondents/Complaint Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Special Court for SC&ST Act Cases/Principal Sessions Court, Tiruvannamalai to consider the bail petition to be filed by the petitioners on their surrender on the same day, on merits in connection with the case in Crime No.444 of 2018 pending investigation on the file of the 1st respondent Police.

For Petitioners : Mr.N.Manokaran For Respondents : Mr.C.Raghavan, Govt. Advocate

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, Special Court for SC&ST Act Cases, Tiruvannamalai to consider the bail application of the petitioners on the same day on their surrender in Crime No.444 of 2018 pending on the file of the respondent.

2.The learned counsel for the petitioners also submit that the petitioners have been implicated in this case for the alleged offences under Sections 147, 148, 294[b], 323, 324 and 506[2] IPC and Section 3[1][r] and 3[s] of SC/ST [POA] Amendment Act, 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.

3.The learned Government Advocate takes notice for the respondents.

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 [POA] Act that the petitioners cannot move any anticipatory bail, the learned Principal Sessions Judge, Special Court for SC&ST Act Cases, Tiruvannamalai is directed to consider the bail application, in the event of the petitioners filing such petition in Crime No.444 of 2018 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-VI) //True Copy// Sub Assistant Registrar gya To 1.The Principal Sessions Judge, Spl. Court for SC&ST Act Cases, Tiruvannamalai.

2.The Deputy Superintendent of Police, Tiruvannamalai Sub Division, Tiruvannamalai District.

3.The Inspector of Police, Patchal Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1 CC TO Mr.N.Manokaran Advocate SR.NO. 52578 CRL.OP.No.19179 of 2018 AR(CS-VI) ASK(02/08/2018)