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Madras High CourtCRL OP/10773/2016ordered

Veeraraj, v. The State Rep. By Inspector Of

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.10773 of 2016 1.Veeraraj 2.Kandhasamy 3.Tamizh Arasi 4.Sukanya ... Petitioners/Accused Vs.

The State Rep. by The Inspector of Police, All Women Police Station, Jayakondam, Ariyalur District.

... Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the learned Principal District and Sessions Judge, Ariyalur to consider the bail application of the petitioners on the same day on merits in Crime Number.4 of 2016 on the file of the respondent police.

For Petitioners : Mr.G.Thyagarajan For Respondent : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction to the learned Principal District and Sessions Judge, Ariyalur to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.4 of 2016 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 294-B, 323, 494 and 506(ii) IPC and Section 3 (1)(r)+(s) & 3(I) (Va) of SC/ST (POA) Amendment Act, 2015 r/w Section 4 of Women Harassment Act.

3. The submissions made by Mr.G.Thyagarajan, 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. https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Ariyalur 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/- Vacation Officer //True Copy// Sub Assistant Registrar gm/vsm To

1. The Principal District and Sessions Judge, Ariyalur.

2. The Inspector of Police, All Women Police Station, Jayakondam, Ariyalur District.

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

+ 1 cc to Mr.G.Thyagarajan, Advocate SR NO 20374[17/5/16] CRL.O.P.No.10773 of 2016 UG(CO) CA(13/05/2016) https://hcservices.ecourts.gov.in/hcservices/