Babu @ Elangovan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2015

CORAM:

THE HONOURABLE MRS. JUSTICE S.VIMALA CRL.O.P.No.11843 of 2015 Babu @ Elangovan .. Petitioner vs.

State rep.by The Sub Inspector of Police Moranam Police Station Thiruvannamalai District .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge, Thiruvannamalai (Special Judge for S.C. and S.T. Act) to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.67 of 2015 on the file of the respondent police. For Petitioner :

Mr. V.R.Appaswamee For Respondent :

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

O R D E R

The petitioner seeks a direction to the learned District and Sessions Judge, Thiruvannamalai (Special Judge for S.C. and S.T. Act) to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same in connection with Crime No.67 of 2015 on the file of the respondent police.

2. The petitioner is accused for offences punishable under Sections 294 (b) and 323 of IPC read with Section 3 (1) (x) of SC/ST Act 1989.

3. The submissions made by Mr.V.R.Appaswamee, 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. https://hcservices.ecourts.gov.in/hcservices/

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 District and Sessions Judge, Thiruvannamalai (Special Judge for S.C. & S.T. Act) 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. District and Sessions Judge, Thiruvannamalai (Special Judge for S.C. and S.T. Act)

2. The Sub Inspector of Police Moranam Police Station Thiruvannamalai District

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

+ 1 cc to Mr.V.R.Appaswamee, Advocate SR 24938 (co) prk7/5 Crl.O.P.No.11843 of 2015.

https://hcservices.ecourts.gov.in/hcservices/