Alagappa Gounder v. The State Rep By

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. 7023 of 2015

1. Alagappa Gounder

2. Banumathi

3. Muthammal

...Petitioners

vs.

The State, rep. by Inspector of Police, Padalur Police Station, Kunnam Taluk, Perambalur District.

.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal District and Sessions Judge, (PCR) Perambalur to consider the petitioners' bail application on the same day on terms and conditions concerned in PR.C.No.22 of 2015, on the file of the Judicial Magistrate Court, Perambalur, in Cr.No.122 of 2013, on the file of respondent/Police. For Petitioners :

Mr.C.Prabakaran For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for direction upon the learned Principal District and Sessions Judge, (PCR) Perambalur to consider their bail application on the same day on terms and conditions concerned in PR.C.No.22 of 2015, on the file of the Judicial Magistrate Court, Perambalur, in Cr.No.122 of 2013, on the file of respondent/Police. 2.

The petitioners are accused for offence punishable under Sections 341, 355 and 506(i) IPC read with Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes Act.

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 Act, 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 District and Sessions Judge, (PCR) Perambalur 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/- Assistant Registrar //True Copy// Sub Assistant Registrar sd To 1.

The Inspector of Police, Padalur Police Station, Kunnam Taluk, Perambalur District.

2. The Public Prosecutor, High Court, Madras.

3.The Principal District and Sessions Judge,(PCR) Perambalur.

1 cc to Mr. C.Prabakaran,Advocate, SR.No.15392 Crl.O.P.No. 7023 of 2015 ssi(co) pmk.19.3.2015 https://hcservices.ecourts.gov.in/hcservices/