Shabiullah v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No. 6924 of 2015

1. Shabiullah

2. Mohammed Thayubu

...Petitioners

vs.

The State, rep. by Inspector of Police, Thiruvannamalai Taluk Police Station, Crime No.109 of 2015.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal Sessions Judge, Thiruvannamalai, to consider the petitioners' bail application on the same day on surrender of the petitioners in connection with a case in Cr.No.109 of 2015, on the file of Inspector of Police, Thiruvannamalai Taluk Police Station.

For Petitioners :

Mr.S.Silambu Selvan For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for direction upon the learned Principal Sessions Judge, Thiruvannamalai, to consider their bail applications on the same day in the event of their surrender in connection with a case in Cr.No.109 of 2015.

2.

The petitioners are accused for offence punishable under Sections 294(b), 323, 324 and 506(ii) IPC read with Section 3(1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 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, 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, Thiruvannamalai, 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 -s/d- Assistant Registrar( ) Dt:19/3/2015 True Copy Sub-Assistant Registrar To 1.

The Inspector of Police, Thiruvannamalai Taluk Police Station,

2. The Public Prosecutor, High Court, Madras.

3. The Principal Sessions Judge, Thiruvannamalai.

+ 1 cc to Mr.S.Silambu Selvan, Advocate SR 15216 ssi(co) prk19/3 Crl.O.P.No. 6924 of 2015 https://hcservices.ecourts.gov.in/hcservices/