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Madras High CourtCRL OP/6365/2015disposed of

Mubarak, S/O.Kalesa v. Inspector Of Police,

2015-03-17Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P. No.6365 of 2015 1.Mubarak 2.Thanraj 3.Nithish ... Petitioners vs.

Inspector of Police, Sadras Police Station, Kalpakkam Via, Kanchipuram District.

(Crime No.91 of 2015) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal District Judge, Chengalpattu, to consider the bail petition of the petitioners on the very same day in the event of surrender by the petitioners before the Principal Sessions Judge, Chengalpattu in Crime No.91 of 2015 on the file of the Inspector of Police, Sadras Police Station, Kanchipuram District.

For Petitioners : Mr.M.Anandhan For Respondent : Mr.M.Maharaja, Additional Public Prosecutor

O R D E R

The petitioners seek for a direction to the learned Principal Sessions Judge, Chengalpattu, to consider their bail applications on the same day in the event of their surrender in connection with a case in Crime No.91 of 2015, on the file of the respondent/Police.

2. The petitioners are accused for offence punishable under Sections 147, 148, 294(b), 324, 307 IPC read with Section 3(1) (x) 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 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 Sessions Judge, Chengalpattu, to consider bail applications of the petitioners on merits and pass appropriate order on the same day of their surrender. Accordingly, the Criminal Original Petition is ordered.

asvm -s/d- Assistant Registrar(CO) Dt:27/3/2015 True Copy Sub-Assistant Registrar To

1. The Principal Sessions Judge, Chengalpattu.

2. Inspector of Police, Sadras Police Station, Kalpakkam Via, Kanchipuram District.

(Crime No.91 of 2015)

3. The Public Prosecutor, High Court, Madras.

4. The Principal District Uudge, Chengalpattu.

+ 1 cc to Mr.M.Anandan, Advocate SR 14879 nm(co) prk30/3 CRL.O.P. No.6365 of 2015 https://hcservices.ecourts.gov.in/hcservices/