Madras High CourtCRL OP/7569/2017disposed of

P. Padbanaban,57 Yrs, v. Deputy Superintendent Of

2017-04-18Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2017

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.7569 of 2017

1. P. Padbanaban

2. P. Veerakumar .. Petitioners Vs.

State represented by Deputy Superintendent of Police Gummidipoondi Circle Crime No.323/16 Kavarapet Police Station, Thiruvallur district.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District and Sessions Judge, Thiruvallur to consider the petitioners bail application in Crime No.323/2016 (on the file of the Kavarapet Police Station) on the same day.

For Petitioners :

Mr.P.K.Ilavarasan For Respondent :

Mr.M.Mohamed Riyaz overnment Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the learned Principal District and Sessions Judge, Thiruvallur, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.323 of 2016 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 14(1) of Child Labour Prohibition & Regulation Act 1986, Section 16 of Bonded Labour system Abolition Act 1976, Section 4 of Tamil Nadu T.N.P.W.H. Act 2002 and Section 3(1)(x) of Prevention of Atrocities (SC/ST) Act and 323, 344, 506(2), 370 IPC.

3.The submissions made by Mr.P.K.Ilavarasan, learned counsel https://hcservices.ecourts.gov.in/hcservices/

for the petitioners and by Mr.M.Mohamed Riyaz, learned Government Advocate (Crl. Side) 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 Principal District and Sessions Judge, Thiruvallur, to consider the bail applications of the petitioners on merits and pass appropriate order on the same day of their surrender.

5. Accordingly, the petition is ordered.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dpq To 1.The learned Principal and District Sessions Judge, Thiruvallur.

2.The Deputy Superintendent of Police Gummidipoondi Circle Kavarapet Police Station, Thiruvallur district.

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

+1cc to Mr.P.K.Ilavarasan, Advocate SR.No.23174 CRL.O.P.No.7569 of 2017 NM(CO) GN(20/04/2017) https://hcservices.ecourts.gov.in/hcservices/