Palaniammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU CRL.O.P(MD).No.10908 of 2015 Palaniammal ..Petitioner Vs.

The State rep. by Inspector of Police, Melur Police Station, Melur, Madurai District.

(Crime No.321 of 2015). ..Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the III Additional District Judge (PCR) Court, Madurai to dispose the bail application filed by the petitioner on merits on the same day of her surrender before the above mentioned concerned court in pending investigation of Crime No.321 of 2015 on the file of the respondent police.

For Petitioner : Mr.V.Perumal For Respondent : Mr.P.Kannithevan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the learned III Additional District Judge (PCR) Court, Madurai, to release the petitioner on bail, on the same day in the event of her surrender and filing bail application in Cr.No.321 of 2015 pending investigation on the file of the respondent police.

2. The petitioner is accused for offences punishable under Sections 147, 294(b),427, 506(ii) of IPC r/w Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3. The submissions made by Mr.V.Perumal, learned counsel for the petitioner and by Mr.P.Kannithevan, learned Government Advocate (Crl. Side) representing the respondent were heard. The materials available on record were also perused carefully.

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) Act, 2014, and that taking into custody of the petitioner pending consideration of her bail application could cause her irreparable hardship, this Court considers it appropriate to direct the learned III Additional District Judge (PCR) Court, Madurai, to consider the bail application of the petitioner on merits and pass appropriate order on the same day of her surrender.

5. The petition stands disposed of accordingly. Sd/- Assistant Registrar(CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To

1. The III Additional District Judge (PCR) Court, Madurai.

2. The Inspector of Police, Melur Police Station, Melur, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.V.Perumal, Advocate in SR.No.31501 CRL.O.P(MD).No.10908 of 2015 17.06.2015 pjl/rr PBK/AMF 19/06/2015 ::2P-5C::

https://hcservices.ecourts.gov.in/hcservices/