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Madras High CourtCRL OP/11599/2015disposed of

K.Gowrishankar v. The State Rep. By

2015-05-06Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM:

THE HONOURABLE MRS. JUSTICE S.VIMALA CRL.O.P.No.11599 of 2015 K.Gowrishankar .. Petitioner v.

State represented by The Inspector of Police Panchappali Police Station, Dharmapuri District.

(crime No.53/15) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District and Sessions Judge, Dharmapuri to consider the bail application to be moved by the petitioner on the same day in Crime No.53 of 2015 on the file of the respondent police.

For Petitioner :

Mr.J.Bharathiraja For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor

O R D E R

The petitioner seeks a direction to the learned Principal District and Sessions Judge, Dharmapuri to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Crime No.53 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Section 3(1)(x) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with section 294(b) and 355 of IPC 3.The submissions made by Mr.J.Bharathiraja, learned counsel for the petitioner and by Mr.P.Govindarajan, 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 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 https://hcservices.ecourts.gov.in/hcservices/

considers it appropriate to direct the learned Principal District and Sessions Judge, Dharmapuri to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender.

The petition is ordered accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Ga/Rj To 1.The Principal District and Sessions Judge, Dharmapuri

2. The Inspector of Police Panchappali Police Station, Dharmapuri District.

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

+ 1 cc to Mr.J.Bharathiraja, Advocate SR.24909 CRL.O.P.No.11599 of 2015 TEJ(CO) Eu 07.05.15 https://hcservices.ecourts.gov.in/hcservices/