Ganapathy (62) v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2015 THE HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.No.5587 of 2015 1.Ganapathy 2.G.Rajan .. Petitioners/Accused No.1 & 2 Vs.

State rep.by Inspector of Police, M1 Madhavaram Police Station, Madhavaram, Chennai 600 010.

Crime No.1061/2015 .. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal District and Sessions Judge, Tiruvallur, to consider the petitioners' bail application on the same day in the event of their surrender in Crime No.1061 of 2015, on the file of the respondent/Police. For Petitioners :

Mr.R.Arunkumar For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction upon the learned Principal District and Sessions Judge, Tiruvallur, to consider their bail application on the same day in the event of their surrender in connection with a case in Crime No.1061 of 2015, on the file of the respondent/Police.

2. The petitioners are accused for offence punishable under Sections 493 and 506(i) of I.P.C. And Section 3(1) (x) of (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by the learned counsel appearing for petitioners and the 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 applications could cause them irreparable hardship, this Court considers it appropriate to direct the learned Principal District and Sessions Judge, Tiruvallur, to consider the bail application 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/- Assistant Registrar //True Copy// Sub Assistant Registrar kkd To 1.The Principal District & Sessions Judge,Tiruvellur 2.The Inspector of Police, Inspector of Police, M1 Madhavaram Police Station, Madhavaram, Chennai 600 010.

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

2 cc to Mr.R.Arunkumar ,Advocate, SR.No.12827 CRL.O.P.No.5587 of 2015 rdj(co) pmk.20.3.2015 https://hcservices.ecourts.gov.in/hcservices/