Prasanth v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM:

THE HONOURABLE MRS. JUSTICE S.VIMALA CRL.O.P.No.11814 of 2015

1. Prasanth

2. Ganapathy

3. Ganesan @ Ganesh

4. Sridhar @ Jaya Sridharan

5. Mani @ Manikandan .. Petitioners v.

1. State by Inspector of Police Cholavaram Police Station, Thiruvallur District.

2. Deputy Superintendent of Police Ponneri Police Division Ponneri, Thiruvallur District .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal Sessions Judge, (Vacation Judge), Thiruvallur to accept the surrender of the petitioners herein concerned in Crime No.303 of 2015 on the file of the Inspector of Police, Cholavaram Police Station, Thiruvallur District and consider their bail application on the same itself. For Petitioner :

Mr.K.Balu For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor *****

O R D E R

The petitioner seeks a direction to the learned Principal Sessions Judge, (Vacation Judge), Thiruvallur to accept the surrender of the petitioners herein concerned in Crime No.303 of 2015 on the file of the Inspector of Police, Cholavaram Police Station, Thiruvallur District and consider their bail application on the same itself.

2. The petitioner is accused for offences punishable under Sections 147, 148, 341, 294 (b), 324, 506 (ii) IPC read with Section 3 (i) (v) (s) of SC/ST (POA) Act 1989.

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3. The submissions made by Mr.K.Balu, learned counsel for the petitioner and by Mr.P.Govindarajan, 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 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 Sessions Judge,(Vacation Judge) Thiruvallur 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.

Ga/Rj Sd/- Vacation Officer //True Copy// Sub-Assistant Registrar To

1. The Principal Sessions Judge, Vacation Judge, Thiruvallur.

2. Inspector of Police Cholavaram Police Station, Thiruvallur District.

3. Deputy Superintendent of Police Ponneri Police Division Ponneri, Thiruvallur District

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

+ 1 cc to Mr.K.Balu, Advocate SR 24951 (co) prk7/5 CRL.O.P.No.11814 of 2015 https://hcservices.ecourts.gov.in/hcservices/