Madras High CourtCRL OP/7744/2017disposed of

Murugan, M/A 40 Yrs, (A-1), v. State By

2017-04-20Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2017

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.7744 of 2017 1.Murugan 2.Manikandan 3.Sivakumar 4.Manikandan 5.Sathish 6.Pandian 7.Basakaran 8.Venkatesan 9.Murugan ... Petitioners Vs.

State by Inspector of Police, Nallan Pillai Petral Police Station Gingee, Villupuram District (Crime No.64 of 2017) ... Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Sessions Judge Special Court for Exclusive Trial of cases registered under SC/ST Act, Villupuram to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.64 of 2017.

For Petitioners :

Mr.R.Thamaraiselvan For Respondent :

Mr.M.Mohammed Riyaz Government Advocate (Crl. Side)

O R D E R

The petitioners seek for a direction to the learned Sessions Judge Special Court for Exclusive Trial of cases registered under SC/ST Act, Villupuram to release these petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.64 of 2017 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 341, 147, 148, 294 (b), 323, 324, 109 of IPC and 3(1) (r), 3(1)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. https://hcservices.ecourts.gov.in/hcservices/

3.The submissions made by Mr.R.Thamaraiselvan, learned counsel for the petitioners and by Mr.M.Mohammed 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) Amendment Act, 2015 and that taking into custody of the petitioners pending consideration of their bail application could cause them irreparable hardship, this Court feels it appropriate to direct the learned Sessions Judge Special Court for Exclusive Trial of cases registered under SC/ST Act, Villupuram to consider the bail applications of the petitioners on merits and pass appropriate order on the same day of their surrender. 5.The petition is ordered accordingly.

-s/dAssistant Registrar(CSVIII) True Copy Sub-Assistant Registrar pri To 1.The Sessions Judge Special Court for Exclusive Trial of cases registered under SC/ST Act, Villupuram.

2.The Inspector of Police, Nallan Pillai Petral Police Station Gingee Villupuram District (Crime No.64 of 2017) 3.The Public Prosecutor, High Court of Madras, Chennai.

+1 cc to Mr.R.Thamarai Selvan Advocate sr 24161 Crl.O.P.No.7744 of 2017 ks(co) aa21/04/2017 https://hcservices.ecourts.gov.in/hcservices/