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Madras High CourtCRL OP/4905/2015ordered

Subash, v. State Rep. By

2015-02-27Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2015

CORAM:

THE HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.No.4905 of 2015

1. Subash 2.Sasi 3.Tamilvanan .. Petitioners Vs.

State Rep. By The Inspector of Police Puduchathiram Police Station Cuddalore District Crime No.88 of 2014 .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction to direct the Principal District Sessions Judge, Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner surrender in connection with Cr.No.88/2014 pending investigation on the file of the Respondent Police, Cuddalore District.

For Petitioners :

Mr.V.K.Rajendiran For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned Principal District Sessions Judge, Cuddalore to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.88 of 2014, pending investigation on the file of the respondent-Police.

2.

The petitioners are accused for offences punishable under Sections 147, 341, 294(b), 323 of IPC, r/w.3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.

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

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 Principal District 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. -s/d- Assistant Registrar(CO) Dt:3/3/2015 True Copy Sub-Assistant Registrar To

1. The Principal District Sessions Judge Cuddalore

2. The Inspector of Police, Puduchathiram Police Station, Cuddalore District.

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

+ 1 cc to M/s.V.K.Rajendiran, Advocate SR 10771 ca(co) prk3/3 CRL.O.P.No.4905 of 2015 https://hcservices.ecourts.gov.in/hcservices/