S.Ponnusamy, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2015

CORAM:

The Hon'ble Mr.Justice R.S.Ramanathan CRL.O.P.No. 4079 of 2015

1. S.Ponnusamy

2. K.P.Senthilkumar .. Petitioners Vs.

The State, rep. by The Inspector of Police, Avinashi Police Police Station, Thiruppur District Cr.No.84 of 2015 .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal Sessions Judge, Tiruppur to consider the bail application of the petitioners herein in Crime No.84 of 2015 on the file of the respondent police. For Petitioners :

Mr.V.P.Sengottuvel For Respondent :

Mr.M.Maharaja Additional Public Prosecutor *****

O R D E R

The petitioners seek for a direction to the learned Principal Sessions Judge, Tiruppur, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.84 of 2015, pending investigation 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) and 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014. 3.

The submissions made by Mr.V.P.Sengottuvel, learned counsel appearing for petitioners and Mr.M.Maharaja, 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 https://hcservices.ecourts.gov.in/hcservices/

irreparable hardship, this Court considers it appropriate to direct the learned Principal Sessions Judge, Tiruppur 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 Dated:2.3.15 True Copy Sub Assistant Registrar To 1.The Principal Sessions Judge, Tiruppur.

2.The Inspector of Police, Avinashi Police Police Station, Thiruppur District Cr.No.84 of 2015 3 The Public Prosecutor, High Court of Madras, Chennai.

+1 cc to Mr.V.P.Senguttuvel, Advocate,SR.9371. kk(co) krd 5/3 CRL.O.P.No. 4079 of 2015 https://hcservices.ecourts.gov.in/hcservices/