Kaliyamurthi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.05.2016

CORAM:

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN CRL.O.P.No.10716 of 2016 Kaliyamurthi .. Petitioner/Accused Vs.

State Represented by The Inspector of Police Brammadesam Police Station, Villupuram District.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District and Sessions Judge, Villupuram, Villupuram District to consider and pass orders on the bail application on the very same day in the event of the petitioners surrendering before the Court and filing bail application in connection with Crime No.202 of 2016 on the file of the respondent police.

For Petitioner :

Mr.G.Mohammed Aseef For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioner seeks a direction to the learned Principal District and Sessions Judge, Villupuram, Villupuram District to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.202 of 2016 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 147, 363, 324, 506(2), 148, 341, 342 and 294(b) IPC r/w. Section 3(1)(i), 3(1)(s), 3(2))va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 and PP (Public Property (Preventions of Damage & Loss Act, 1992). 3.The submissions made by Mr.G.Mohammed Aseef, learned counsel for the petitioner and by Mr.M.Maharaja, learned Additional Public Prosecutor representing the respondent were heard. The materials available on record were also perused. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the nature of offences alleged against the petitioner, the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and that taking into custody of the petitioner pending consideration of his bail application could cause him irreparable hardship, this Court considers it appropriate to direct the learned Principal District and Sessions Judge, Villupuram, Villupuram District to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. 5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Principal District and Sessions Judge, Villupuram, Villupuram District.

2.The Inspector of Police Brammadesam Police Station, Villupuram District.

3.The Public Prosecutor, High Court of Madras, Chennai.

CRL.O.P.No.10716 of 2016 ug(CO) srg(13/05/2016) https://hcservices.ecourts.gov.in/hcservices/