K.M.Viswanathan v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2015

CORAM:

THE HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.No. 4964 of 2015

1. K.M.Viswanathan

2. V.Kannan .. Petitioners/Accused Vs.

The State, rep. by The Sub-Inspector of Police, E-3 Sadras Police Station, Thirukahukundram Taluk, Kanchipuram District.

Cr.No.82 of 2015 .. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction to direct the learned Principal District and Sessions Judge, Chengalpattu, to consider the petitioners bail application in Crime No.82 of 2015, on the file of the respondent/Police, on the same day of their surrender. For Petitioners :

Mr.K.R.Ramesh Kumar For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction to the learned Principal District and Sessions Judge, Chengalpattu, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.82 of 2015, pending investigation on the file of the respondent-Police.

2.The petitioners are accused for offence punishable under Sections 294(b), 323, 506(ii) IPC read with Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by Mr.K.R.Ramesh Kumar, 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. https://hcservices.ecourts.gov.in/hcservices/

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 and Sessions Judge, Chengalpattu 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. smi -s/d- Assistant Registrar(CO) Dt:6/3/2015 True Copy Sub-Assistant Registrar To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Sub-Inspector of Police, E-3 Sadras Police Station, Thirukahukundram Taluk, Kanchipuram District.

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

+ 1 cc to Mr.K.R.Rameshkumar, Advocate SR 10604 kji(co) prk9/3 CRL.O.P.No. 4964 of 2015 https://hcservices.ecourts.gov.in/hcservices/