M.Gukul Raj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2015 The Hon'ble Mr.Justice R.S.Ramanathan CRL.O.P. No.5222 of 2015 M.Gokul Raj .. Petitioner (Accused) Vs.

State rep. by Inspector of Police, Tiruchengode Town Police Station, Namakkal District.

.. Respondent (Complainant) Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal District and Sessions Judge, Namakkal to consider the bail application on the same day on surrender of the petitioner in Crime No.46 of 2015 on the file of the respondent police.

For Petitioner :

Mr.C.S.Saravanan For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioner seeks for a direction upon the learned Principal District and Sessions Judge, Namakkal to consider the bail application on the same day on surrender of the petitioner in Crime No.46 of 2015 on the file of the respondent police. 2.The petitioner is accused for offence punishable under Sections 147, 323 and 506(ii) IPC read with Section 3(1)(r) & 3 (1)(S) of 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's pending consideration of his bail application could cause him https://hcservices.ecourts.gov.in/hcservices/

irreparable hardship, this Court considers it appropriate to direct the learned Principal District and Sessions Judge, Namakkal to consider the bail application of the petitioner on merits and to pass appropriate order on the same day of his surrender.

5. Accordingly, the Criminal Original Petition is ordered. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vga To

1. The Principal District and Sessions Judge Namakkal

2. The Inspector of Police, Tiruchengode Town Police Station, Namakkal District.

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

1 cc to M/s.C.S. Saravanan, Advocate, sr. 12270 CRL.O.P. No.5522 of 2015 CA (CO) kk 5/3 https://hcservices.ecourts.gov.in/hcservices/