Madras High CourtCRL OP/10718/2016ordered

Prabhakaran v. State Rep. By

2016-05-11Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.05.2016

CORAM:

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN CRL.O.P.No.10718 of 2016 Prabhakaran .. Petitioner Vs.

State represented by The Inspector of Police Nagamam Police Station, Pollachi Sub Division, Coimbatore District.

Crime No.163 of 2016 .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District Judge, [Special Judge for SC/ST (Prevention of Atrocities) Act 2014], Coimbatore to accept the surrender of the petitioner in connection with Crime No. 163 of 2016 on the file of the respondent to consider the bail petition filed by the petitioner on the same day in accordance with law. For Petitioner :

Mr.P.Kalimuthu For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioner seeks a direction to the learned Principal District Judge, [Special Judge for SC/ST (Prevention of Atrocities) Act 2014], Coimbatore to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.163 of 2016 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC r/w. Section 3(1) (R) 3(2) (Va) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by Mr.P.Kalimuthu, learned counsel for the petitioner and by Mr.M.Maharaja, learned Additional Public Prosecutor representing the respondent were heard. The https://hcservices.ecourts.gov.in/hcservices/

materials available on record were also perused. 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 Judge, [Special Judge for SC/ST (Prevention of Atrocities) Act 2014], Coimbatore 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-V) //True Copy// Sub Assistant Registrar gm/vsm To 1.The Principal District Judge, [Special Judge for SC/ST (Prevention of Atrocities) Act 2014], Coimbatore.

2.The Inspector of Police Nagamam Police Station, Pollachi Sub Division, Coimbatore District.

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

1 cc to Mr.P.Kalimuthu, Advocate, sr.28265 CRL.O.P.No.10718 of 2016 pa co kra 13.05.2016 https://hcservices.ecourts.gov.in/hcservices/