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Madras High CourtCRL OP/27123/2019disposed of

Ronald @ Duraimurugan v. State Rep By Inspector Of Police,

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.27123 of 2019 Ronald @ Duraimurugan ... Petitioner Vs.

State, rep. by The Inspector of Police, Omerabad Police Station, Vellore District ... Respondent Criminal Original Petition has been filed under Section 482 Cr.P.C., to direct the learned Principle District and Sessions Judge, Vellore, Vellore District, to consider the petitioner's bail application on the same day of his surrender in Crime No.215 of 2018, pending on the file of the Inspector of Police, Omerabad Police Station, Vellore District.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.C.Raghavan,Govt.Advocate

ORDER

The petitioner has come forward with this petition for a direction to the learned Principle District and Sessions Judge, Vellore, Vellore District, to consider the bail application to be filed by him in connection with Crime No.215 of 2018 on the file of the respondent police, on the same day itself of his surrender.

2.The learned counsel for the petitioner submits that the petitioner has been implicated in this case for the alleged offences under Sections 147, 148, 294(b), 323, 323, 506(ii) of IPC and Section 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, he cannot move any anticipatory bail application and therefore, the petitioner has 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 petitioner cannot move any anticipatory bail, the learned Principle District and Sessions Judge, Vellore, Vellore District, is directed to consider the bail application to be filed by the petitioner in Crime No.215 of 2018 on the file of the respondent police, in the event of his 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, Vellore.

2.

The Inspector of Police, Omerabad Police Station, Vellore District 3.

The Public Prosecutor, High Court, Madras.

+1 cc to Mr.E.Kannadasan, Advocate, S.R.No.85629 Crl.O.P. No.27123 of 2019 MSK(CO) SSM(10/10/2019) https://hcservices.ecourts.gov.in/hcservices/