Madras High CourtCRL OP/27118/2019disposed of

Sarath Kumar v. State By

2019-10-10Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2019

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Crl.O.P. No.27118 of 2019 1.Sarath @ Sarath Kumar 2.Narayanan @ Narayanaswamy ... Petitioners Vs.

State, rep. by The Inspector of Police, Kilkodungalore Police Station, Thiruvannamalai District ... Respondent Criminal Original Petition has been filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, Thiruvannamalai, to accept the surrender of the petitioners herein before him and consider the bail petition on the same day in Crime No.317 of 2019.

For Petitioners : Mr.R.Thamarai Selvan For Respondent : Mr.C.Raghavan,Govt.Advocate

ORDER

The petitioners have come forward with this petition for a direction to the learned Principal District and Sessions Judge, Thiruvannamalai, to consider the bail application to be filed by them in connection with Crime No.317 of 2019 on the file of the respondent police, on the same day itself of their surrender. 2.The learned counsel for the petitioners submits that the petitioners have been implicated in this case for the alleged offences under Sections 147, 341, 294(b), 323, 506(i) IPC r/w.3 (1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 and in view of the specific bar under Section 18 of the said Act, they cannot move any anticipatory bail application and therefore, the petitioners have come forward with the prayer mentioned supra.

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

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

4.Considering the submissions of both sides and also considering the nature of the prayer in this case and in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Amendment Act, 2015 that the petitioners cannot move any anticipatory bail, the learned Principle District and Sessions Judge, Thiruvannamalai, is directed to consider the bail applications to be filed by the petitioners in Crime No.317 of 2019 on the file of the respondent police, in the event of their surrender before the Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, after issuing notice to the victims under Section 15(A) of the SC/ST Act, dispose of the same on merits and in accordance with law on the same day. 5.With the above observations, this Criminal Original Petition is disposed of.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar msk To 1.The Principal District and Sessions Judge, Tiruvannamalai.

2.The Inspector of Police, Kilkodungalore Police Station, Thiruvannamalai District 3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Thamaraiselvan, Advocate, S.R.No.85567 Crl.O.P. No.27118 of 2019 (CO) SSM(10/10/2019) https://hcservices.ecourts.gov.in/hcservices/