Kumar 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.5556 of 2015 1.Kumar 2.Murugan .. Petitioners(Accused)

3. Mugesh Vs.

The State rep. by Inspector of Police, Poriayur Police Station, Poraiyur, Nagapattinam District.

.. Respondent(Complainant) Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned First Additional District and Sessions Judge, Thanjavur to accept the surrender of the petitioners herein and to consider the bail petition concerned in Crime No.70 of 2015 on the file of the Inspector of Police, Poraiyur Police Station, Poraiyur on the same day itself.

For Petitioners :

Mr.C.T.Saravanan For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction upon the learned First Additional District and Sessions Judge, Thanjavur to accept the surrender of the petitioners herein and to consider the bail petition concerned in Crime No.70 of 2015 on the file of the Inspector of Police, Poraiyur Police Station, Poraiyur on the same day itself. 2.The petitioners are accused for offence punishable under Sections 147, 294(b), 323 IPC read with Section 3(1) (4), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by the learned counsel appearing for petitioners and learned Additional Public Prosecutor, representing the respondent were heard. The materials available on record were also perused.

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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 First Additional District and Sessions Judge, Thanjavur 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/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The First Additional District & Sessions Judge, Thanjavur.

2.The State rep. by Inspector of Police, Poriayur Police Station, Poraiyur, Nagapattinam District.

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

+1 cc to M/S.C.T.Saravanan, Advocate sr.12279 CRL.O.P. No.5556 of 2015 aa05/03/2015 https://hcservices.ecourts.gov.in/hcservices/