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Madras High CourtCRL OP/5061/2015ordered

Ashok Kumar, 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.5061 of 2015 Ashok Kumar .. Petitioner/ Accused I Vs.

State Rep. By The Inspector of Police Koradacheri Police Station Tiruvarur District Crime No.57 of 2015 .. Respondent/ Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction to direct the learned First Additional Sessions Judge (Special Judge for SC/ST Act) at Tanjore to consider the bail application of the petitioner to be filed before the said Court on the same day on his surrender in Crime No.57 of 2015 pending on the file of the respondent police. For Petitioners :

Mr.N.Chandrasekaran For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioner seeks for a direction to the learned First Additional Sessions Judge (Special Judge for SC/ST Act), Tanjore to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.57 of 2015, pending investigation on the file of the respondent-Police. 2.

The petitioner is accused for offences punishable under Sections 147, 148, 294(b), 324, 506(ii) IPC r/w.3(1)(s) 3(2) (va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), 1989 and Amendment Ordinance Act, 2014. 3.

The submissions made by Mr.V.K.Rajendran, 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 https://hcservices.ecourts.gov.in/hcservices/

in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 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 First Additional Sessions Judge (Special Judge for SC/ST Act), Tanjore, 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/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gpa To

1. The First Additional Sessions Judge Tanjore

2. do thro the Principal Sessions Judge Thanjavur

3. The Inspector of Police Koradacheri Police Station Tiruvarur District (Crime No.57 of 2015) 4 The Public Prosecutor, High Court of Madras, Chennai.

1 cc to M/s.N. Chandrasekar, advocate, sr. 10822 CRL.O.P.No.5061 of 2015 UG (CO) kk 3/3 https://hcservices.ecourts.gov.in/hcservices/