Raji @ Rajalakshmi, v. State By The Inspector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2015
CORAM:
The HON'BLE MR.JUSTICE R.S.RAMANATHAN CRL.O.P.No.8406 of 2015
1. Raji @ Rajalakshmi
2. Kumar @ Balasubramaniam
3. Vijayan .. Petitioners Vs.
State by :
The Inspector of Police, Authur Police Station, Salem District.
(Crime No.196 of 2015) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction to direct the learned Special Judge for SC and ST Acts-cum Principal District and Sessions Judge, Salem to consider the petitioners bail application in Crime No.196 of 2015 on the file of the respondent police on the same day itself. For Petitioners :
Mr. K.Govi Ganesan For Respondent :
Mr.M.Maharaja Additional Public Prosecutor
O R D E R
The petitioners seek for a direction to the learned Special Judge for SC and ST Acts cum Principal District and Sessions Judge, Salem to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.196 of 2015, pending investigation on the file of the respondent-Police.
2.The petitioners are accused of offences punishable under Sections 294 (b), 323, 324 read with Section 3(1) (r) (S), 3(2) (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.
3.The submissions made by Mr.K.Govi Ganesan, learned counsel appearing for the petitioners and Mr.M.Maharaja, 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 petitioners, 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 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 District and Sessions Judge, Salem, 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 Dated:9.4.15 True Copy Sub Assistant Registrar To
1. The Special Judge, Special Court for SC and ST Acts/Principal District and Sessions Court, Salem.
2. The Inspector of Police, Authur Police Station, Salem District.
3. The Public Prosecutor, High Court of Madras, Chennai.
+1 cc to Mr.Goviganesan, Advocate,SR.18530 gr(co) krd 9/4 CRL.O.P.No.8406 of 2015 https://hcservices.ecourts.gov.in/hcservices/