C.Masi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.05.2016

CORAM:

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN CRL.O.P.No.10761 of 2016 1.C.Masi 2.S.Prasanth 3.M.Anand 4.S.Gowrishankar 5.P.Selvam 6.M.Boobalan 7.D.Kannan 8.P.Mageswaran ... Petitioners/Accused 1,2,4 to 8 & 10 Vs.

The Inspector of Police, Perambalur Police Station, Perambalur District.

... Respondent/Complainant (Crime No.481 of 2016) Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge, Perambalur to consider the bail application of the petitioners on the same day in Crime Number.481 of 2016 on the file of the respondent police.

For Petitioners : Mr.S.Senthilkumar For Respondent : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction to the learned District and Sessions Judge, Perambalur to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.481 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), 323, 325 and 506(i) IPC r/w. Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

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3. The submissions made by Mr.S.Senthilkumar, learned counsel for the petitioners and by Mr.M.Maharaja, learned Additional Public Prosecutor representing the respondent 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, Perambalur 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(CS IV) //True Copy// Sub Assistant Registrar gm/vsm To

1. The District and Sessions Judge, Perambalur.

2. The Inspector of Police, Perambalur Police Station, Perambalur District.

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

+1cc to Mr.S.Senthilkumar, Advocate, S.R.No.28247 CRL.O.P.No.10761 of 2016 PVS(CO) CA(13/05/2016) https://hcservices.ecourts.gov.in/hcservices/