Dharmaraj @ Dharmarajan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2015 The Hon'ble Mr.Justice P.N.PRAKASH CRL.O.P.No. 8790 of 2015

1. Dharmaraj @ Dharmarajan 2.Selvam @ Selvaraj @ Senkottaiyan ... Petitioners/Accused Nos.1 & 3 Vs.

The State, rep. by The Inspector of Police, Molasi Police Station, Namakkal District.

... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal and Sessions Judge, Namakkal to consider and pass orders on the bail application on the same day in the event of the petitioners surrendering before the Court and filing bail application in connection with Crime No.30 of 2015 on the file of the respondent/Police. For Petitioners :

Mr.W.Camyles Gandhi For Respondent :

Mr. C.Emalias, Additional Public Prosecutor

O R D E R

The petitioners seek for a direction upon the learned Principal District and Sessions Judge, Namakkal, to consider and pass orders on their bail application on the same day in the event of their surrender before the Court and filing bail application in connection with Crime No.30 of 2015 on the file of the respondent police.

2.

The petitioners are the accused for offence punishable under Sections 147, 323, 506(i) and 3 (1) of TNPPD Act r/w.3(1) (11)(xi) 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 District and Sessions Judge, Namakkal to consider the bail applications of the petitioners on merit and pass appropriate orders on the same day of their surrender.

5. Accordingly, the Criminal Original Petition is ordered. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrp To

1. The Principal District and Sessions Judge, Namakkal

2. The Inspector of Police, Molasi Police Station, Namakkal District.

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

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.19331 CRL.O.P.No. 8790 of 2015 BKY(CO) CA(10/04/2015) https://hcservices.ecourts.gov.in/hcservices/