Elangovan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2015 THE HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.No.7568 of 2015 Elangovan .. Petitioner Vs.

The State, rep. by The Inspector of Police, Ariyalur Police Station, Ariyalur Crime No.122 of 2015.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the Special Court, constituted under S.C. & S.T. ( Prevention of Atrocities) Act, Principal Sessions Judge, District Court, Ariyalur, to consider the petitioner's bail application on his surrender on the same day itself in respect of Cr.No.122 of 2015, on the file of the Inspector of Police, Ariyalur Police Station, Ariyalur District.

For Petitioner :

Mr.S.Gunalan For Respondent :

Mr.M.Maharaja Additional Public Prosecutor *****

O R D E R

The petitioner seeks for direction upon the Special Court, constituted under S.C. & S.T. ( Prevention of Atrocities) Act, Principal Sessions Judge, District Court, Ariyalur, to consider his bail application on his surrender on the same day itself in respect of Cr.No.122 of 2015, on the file of the respondent/Police. 2.

The petitioner is an accused for offence punishable under Sections 294 (b), 323, 326 and 506(i) IPC read with Section 3 (1) (vs), 3 (2) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014. 3.

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

4.

Considering the nature of offences alleged against the petitioner, the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and https://hcservices.ecourts.gov.in/hcservices/

Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, and that taking into custody of the petitioner, pending consideration of his bail application could cause him irreparable hardship, this Court considers it appropriate to directs the Special Court, constituted under S.C. & S.T. ( Prevention of Atrocities) Act, Principal Sessions Judge, District Court, Ariyalur, to consider the bail application of the petitioner on merits and pass appropriate orders on the same day of his surrender.

5. Accordingly, the Criminal Original Petition is ordered. sd -s/d- Assistant Registrar(CO) Dt:31/3/2015 True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Ariyalur Police Station, Ariyalur

2. The Special Court for SC & ST Principal Sessions Judg, District Court, Ariyalur.

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

+ 1 cc to Mr.S.Gunalan, Advocate SR 16487 (co) prk1/4 CRL.O.P.No.7568 of 2015 https://hcservices.ecourts.gov.in/hcservices/