Madras High CourtCRL OP/10720/2016ordered

Mathivanan, v. The State Rep. By The

2016-05-11Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.05.2016

CORAM:

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN CRL.O.P.No.10720 of 2016 1.Mathivanan 2.Saranraj 3.Dheena @ Saranraj 4.Sathish 5.Tamilarasan 6.Dhinakaran 7.Manikandan 8.Sivanantham 9.Siva @ Viji 10.Saravanan .. Petitioners Vs.

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

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram to accept the surrender of the petitioners and consider their bail application on the same day in Crime Number.202 of 2016 on the file of the respondent police.

For Petitioners : Mr.M.P.Saravanan For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction to the learned District and Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.202 of 2016* pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under sections 147, 148, 294(b), 324, 341, 342, 363 and 506(ii) IPC and Sections 3(1) of TNPPDL Act and section 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.*

3. The submissions made by Mr.M.P.Saravanan, learned counsel for the petitioners and by Mr.M.Maharaja, learned Additional Public Prosecutor representing the respondents were heard. The materials available on record were also perused.

4. Considering the nature of offences alleged against the petitioners, 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 petitioners pending consideration of their bail application could cause them irreparable hardship, this Court considers it appropriate to direct the learned District and Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(VO) dt. 13.05.2016 Corrected as per the order of this Court dated 20.05.2016 and made in Crl.O.P.No.10720 of 2016 Sd/- Assistant Registrar dt. 20.05.2016 //True Copy// Sub Assistant Registrar

To 1.The District and Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram.

To be substituted to the order already 2.The Inspector of Police despatched on 16.5.2016 Brammadesam Police Station, Brammadesam, Villupuram District.

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

+1cc to Mr.M.P.Saravanan, Advocate Sr.28548* CRL.O.P.No.10720 of 2016 sv(CO) srg(13/05/2016) EU 20.05.2016