Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.1129 of 2015 Prakash ..Petitioner .. Vs ..

State rep. by The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

Crime No.27 of 2015.

..Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned Sessions Judge(PCR Cases), Sivagangai to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioner surrender before the learned Sessions Judge, (PCR Cases), Sivagangai in Crime No.27 of 2015 on the file of the respondent.

For Petitioner : Mr.A.Balamurugan For respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side) - - - - -

ORDER

The petitioner seeks a direction to the learned Sessions Judge(PCR Cases), Sivagangai to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioner surrender before the learned Sessions Judge, (PCR Cases), Sivagangai in Crime No.27 of 2015 on the file of the respondent.

2.The petitioner is accused for offences punishable under Sections 147, 452, 294(b), 323, 336 and 506(i) I.P.C and 3(1)(r)(s) of SC/ST Act, 2014.

3.The submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) representing 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) Act, 1989 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 Sessions Judge, (PCR Cases), Sivagangai to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender.

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CO) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Sessions Judge, (PCR Cases), Sivagangai.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1CC to M/s.A.Balamurugan, Advocate in SR.3152 CRL.O.P.(MD)No.1129 of 2015 23.01.2015 pm PBK 02/02/2015 ::2P-5C:

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