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Madras High CourtCRL OP(MD)/10947/2015ordered

Rajendran v. The Inspector Of Police

2015-06-17Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU CRL.O.P.(MD)No.10947 of 2015 1.Rajendran 2.Dhanapal

...Petitioners

Vs.

State throu' Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

(Crime No.50 of 2015). ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal District and Sessions Judge (Special Court for PCR), Srivilliputhur at Virudhunagar District to accept the surrender of the petitioners and consider their bail application on the same day in Crime No.50/2015 on the file of the respondent.

For Petitioners : Mr.G.Mariappan For Respondent : Mr.P.Kannithevan Government Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the learned Principal District and Sessions Judge (Special Court for PCR), Srivilliputhur at Virudhunagar District to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.50 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under 294 (b), 323,324 and 506(ii) of IPC r/w Section 3(i)(r)(s),3(2)(r)(a) of the Scheduled Castes and Scheduled Tribes Amendment Ordinance Act,2014.

3. The submissions made by Mr.G.Mariappan, learned counsel for the petitioners 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. It is submitted by the learned Government Advocate (Crl. Side) that the injured had been discharged from the hospital. The said submission is recorded.

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5. 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 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 (Special Court for PCR), Srivilliputhur at Virudhunagar District to consider the bail application of the petitioner on merits and pass appropriate order on the same day of their surrender.

6. The petition stands disposed of accordingly. Sd/- Assistant Registrar(Writs) \\True copy\\ Sub Assistant Registrar To

1. The Principal District and Sessions Judge (Special Court for PCR), Virudhunagar District at Srivilliputhur

2. The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

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

+1cc to Mr.G.Mariappan Advocate Sr.No. 31436 CRL.O.P.(MD)No.10947 of 2015 17.06.2015 PJL/RR/ NA/PPS/18/06/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/