Mariammal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2015 The Hon'ble Mr.Justice R.S.Ramanathan CRL.O.P.No.2732 of 2015 Mariammal ... Petitioner/Accused Vs.

The State, rep. by The Inspector of Police, Thiruvannamalai Taluk Police Station, Cr.No.12 of 2015.

... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal Sessions Judge, Thiruvannamalai, to consider the anticipatory bail petition to be filed by the petitioner in connection with Cr.No.12 of 2015, on the file of the respondent/The Inspector of Police, Thiruvannamalai Taluk Police Station, on the same day and to grant anticipatory bail.

For Petitioner :

Mr.S.Silambu Selvan For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioner seeks for direction upon the learned Principal Sessions Judge, Thiruvannamalai, to consider her anticipatory bail application on the same day in connection with Crime No.12 of 2015, pending on the file of the respondent/Police. 2.Heard the learned counsel appearing for petitioner. 3.

It is submitted by the learned Additional Public Prosecutor, representing the respondent/Police that case has been registered against the petitioner, who is the mother of the first accused, viz., her son, for offence punishable under Section 366 (A) read with 3 (1) (r) of of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014, later altered into Section 366 (A), 376 IPC and 4 and 8 of Posco Act, 2012, read with 3 (1) (r), 3 (2) (V) of SC and ST ( POA) Amended Act, 2014. It is his further submission that the victim girl is secured.

4.

Considering the fact that the victim girl is secured and the fact that anticipatory bail cannot be granted in respect of https://hcservices.ecourts.gov.in/hcservices/

offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014, and that taking into custody of the petitioner, pending consideration of her bail application could cause her irreparable hardship, this Court considers it appropriate to direct the learned Principal Sessions Judge, Thiruvannamalai, to consider the bail application of the petitioner on merits and pass appropriate orders on the same day of her surrender.

5. Accordingly, the Criminal Original Petition is ordered. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

sd To

1. The Inspector of Police, Thiruvannamalai Taluk Police Station,

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

Copy To The Principal Sessions Judge, Tiruvannamalai.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.10689 CRL.O.P.No.2732 of 2015 MG(CO) CA(05/03/2015) https://hcservices.ecourts.gov.in/hcservices/