Nedumaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2015 THE HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.No.2699 of 2015

1. Nedumaran

2. Ayyappan

3. Magesh

...Petitioners

Vs.

The State, rep. by The Inspector of Police, Perambur Police Station, Nagapattinam District.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned First Additional Sessions Judge (PCR) Thanjavur, to accept the surrender of the petitioners and to consider their bail application on the same day in connection with a case in Crime No.4 of 2015, on the file of the respondent/Inspector of Police, Perambur Police Station, Nagapattinam District. Police.

For Petitioners :

Mr.P.M.Kumaravel For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction upon the learned First Additional Sessions Judge (PCR) Thanjavur, to consider their bail applications on the same day in the event of their surrender in connection with a case in Crime No.4 of 2015, on the file of the respondent/Police.

2.

The petitioners are accused for offence punishable under Sections 294 (b), 324, 506 (ii) IPC read with Section 3(1) (r) (s), 3 (2)(iv) (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014. https://hcservices.ecourts.gov.in/hcservices/

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.

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 First Additional Sessions Judge (PCR) Thanjavur, 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(CO) //True Copy// Sub Assistant Registrar sd To

1. The Inspector of Police, Perambur Police Station, Nagapattinam District.

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

3 The I Additional Sessions Judge (PCR) Thanjavur.

1 CC to Mr.P.M.Kumaravel, Advocate SR.No. 6070 CRL.O.P.No.2699 of 2015 KGK (CO) PSI (12.02.2015) https://hcservices.ecourts.gov.in/hcservices/