Rajasekar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2015 THE HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.NO.2238 OF 2015

1. Rajasekar

2. Vicky @ Vignesh

3. Vignesh

4. Kamaraj .. Petitioners/Accused 3,10,11,12 Vs.

The State, rep. by The Inspector of Police, Mangalampettai Police Station, Cuddalore District.

(Crime No.32/2015) .. Respondent/Complaiant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned District and Sessions Judge, Cuddalore to consider the petitioners' bail application on the same day in Crime No.32 of 2015, on the file of the Inspector of Police, Mangalampettai Police Station, Cuddalore District. For Petitioners: Mr. C.Ramkumar For Respondent : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction upon the learned Principal District and Sessions Judge, Cuddalore, to consider their bail applications on the same day in the event of their surrender in connection with a case in Crime No.32 of 2015, on the file of the respondent/Police.

2.

The petitioners are accused for offence punishable under Sections 147, 148, 294 (b), 323, 324, 506 (2) IPC read with Section 4 of Tamil Nadu Women Harassment Act, 1989 and Sections 3

(1) (b), 3 (1) (S), 3 (2) V (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.

The submissions made by the learned counsel appearing for petitioners and 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 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 Ordinance Act, 2014, 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, Cuddalore, to consider the bail applications of the petitioners on merits and pass appropriate order on the same day of their surrender.

5. Accordingly, the Criminal Original Petition is ordered. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ga To

1. The Inspector of Police, Mangalampettai Police Station, Cuddalore District.

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

3. The Principal District and Sessions Judge, Villupuram.

4. The Principal District and Sessions Judge, Cuddalore Dt.

+ 1 cc to M/s. C. Ramkumar, Advocate Sr.5012 CRL.O.P.No.2238 of 2015 AD(CO) Eu 05.02.15 https://hcservices.ecourts.gov.in/hcservices/