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Madras High CourtCRL OP/2777/2015ordered

Sathish v. State Rep By

2015-02-05Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.02.2015 THE HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.NO.2777 OF 2015 SATHISH .. Petitioner/Accused Vs.

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

Crime No.317 of 2014 .. Respondent/Complainant 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 petitioner before him in connection with Cr.No.317 of 2014, on the file of the respondent- Inspector of Police, Manalmedu Police Station, Nagapattinam District and also to consider the petitioner's bail application on the same day.

For Petitioner :

Mr.P.M.Kumaravel For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioner seeks for a direction upon the learned First Additional Sessions Judge, (PCR) Thanjavur, to consider his bail application on the same day in the event of his surrender in connection with a case in Crime No.317 of 2014, pending on the file of the respondent/Police.

2.

The petitioner is an accused for offence punishable under Sections 147, 148, 294 (b), 323, 324 IPC read with Section 3 (1) (s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014. 3.

The submissions made by the learned counsel appearing for petitioner 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 petitioner, 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 petitioner, pending consideration of his bail application could cause him irreparable https://hcservices.ecourts.gov.in/hcservices/

hardship, this Court considers it appropriate to direct the learned First Additional Sessions Judge, (PCR) Thanjavur, to consider the bail application of the petitioner on merits and pass appropriate orders on the same day of his surrender.

5. Accordingly, the Criminal Original Petition is ordered. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sd To 1.The First Additional Sessions Judge (FCR) Thanjavur.

2. The Inspector of Police, Manalmedu Police Station, Nagapattinam District.

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

+ 1 cc to Mr.P.M. Kumaravel, Advocate Sr.6071 CRL.O.P.No.2777 of 2015 JSV(CO) Eu 13.02.15 https://hcservices.ecourts.gov.in/hcservices/