S.Nantha Gopal v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2015 The Hon'ble Mr.Justice P.N.PRAKASH CRL.O.P.No.9216 of 2015 S.Nantha Gopal .. Petitioner (Accused) Vs.

The State, rep. by The Deputy Superintendent of Police, Perur, Madhukarai Police Station, Coimbatore District.

.. Respondent (Complainant) Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal and Sessions Judge/ Special Court, constituted under SC & ST (Prevention of Atrocities) Act, Coimbatore to consider the petitioner's bail application on his surrender on the same day in respect of Crime No.120 of 2015 on the file of the Deputy Superintendent of Police, Perur, Madhukarai Police Station, Coimbatore District. For Petitioner :

Mr.M.Easan For Respondent :

Mr. C.Emalias, Additional Public Prosecutor

O R D E R

The petitioners seek for a direction upon the learned Principal and Sessions Judge, Coimbatore, to consider and pass orders on his bail application on the same day in the event of his surrender before the Court and filing bail application in connection with Crime No.120 of 2015 on the file of the respondent police.

2.The petitioner is the accused for offence punishable under Sections 294(b), 323 of IPC and 3(1)(r), 3(1)(B), 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 direct the learned Principal and Sessions Judge, Coimbatore to consider the bail application of the petitioner on merit and pass appropriate orders on the same day of his surrender.

5. Accordingly, the Criminal Original Petition is ordered. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar DP To

1. The Principal and Sessions Judge, /special Judge (SC & ST) District and Sessions Court, Coimbatore.

2. The Deputy Superintendent of Police, Perur, Madhukarai Police Station, Coimbatore District.

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

1 cc to M/s. M. Easan, Advocate, Sr. 19946 CRL.O.P.No. 9216 of 2015 CA (CO) kk 13/4 https://hcservices.ecourts.gov.in/hcservices/