Kushal Kumar v. The Inspector Of Police

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.8538 of 2015

1. Kushal Kumar

2. Saranraj

3. Prakesh

4. Narayanasamy

5. Manjunath

6. Arul .. Petitioners/Accused 1 to 6 Vs.

State Rep.by :

The Inspector of Police, Thally Police Station, Krishnagiri District.

(Crime No.134 of 2015) .. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction to direct the Special Court/Principal Sessions Court, Krishnagiri to consider the petitioners bail petition on the same day of their surrender before the Court in connection with the Crime No.134 of 2015 on the file of the Inspector of Police, Thally Police Station, Krishnagiri District. For Petitioners :

Mr. M.Jayachandran For Respondent :

Mr.M.Maharaja Additional Public Prosecutor

O R D E R

The petitioners seek for a direction to the Special Court/ Principal Sessions Court, Krishnagiri, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.134 of 2015, pending investigation on the file of the respondent-Police.

2.The petitioners are accused of offences punishable under Sections 147, 148, 294 (b), 324, 447, 427, 506(i) of IPC and 4 of Tamilnadu Women Harassment Act read with Section 3(1) (r) (S), 3(2) (V) (a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by Mr.M.Jayachandran, learned counsel appearing for the petitioners and Mr.M.Maharaja, learned Additional https://hcservices.ecourts.gov.in/hcservices/

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 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 Special Judge, Special Court/ Principal Sessions Court, Krishnagiri, 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 kkd/mrp To

1. The Special Judge, Special Court/ Principal Sessions Court, Krishnagiri

2. The Inspector of Police, Thally Police Station, Krishnagiri District.

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

1 cc to Mr.M.Jayachandran ,Advocate, SR.No.18208 CRL.O.P.No.8538 of 2015 ala(co) pmk.16.4.2015 https://hcservices.ecourts.gov.in/hcservices/