← Library
Madras High CourtCRL OP(MD)/1260/2015ordered

M.Natarajan v. The Inspector Of Police

2015-01-27Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.1260 of 2015 M.Natarajan .. Petitioner/Accused No.2 .. Vs ..

State, Represented by The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

(Crime No.322 of 2014) .. Respondent/Complainant Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned II Additional District and Sessions Judge (Special Judge for P.C.R. cases), Tirunelveli, Tirunelveli District to consider and dispose of the bail application of the petitioner in Crime No.322 of 2014 on the file of the respondent herein on the same day of his surrender before the said Court.

For Petitioner : Mr.A.Thiruvadi Kumar For respondent : Mr.K.V.Rajarajan, Government Advocate(Crl. Side)

ORDER

The petitioner seeks a direction to the learned II Additional District and Sessions Judge (Special Judge for P.C.R. cases), Tirunelveli, Tirunelveli District to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.322 of 2014 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b), 323 and 506(ii) I.P.C r/w. 3(1)(s)(r) & 3(2)(v) (a) of SC & ST (Prevention of Atrocities) Amendment Ordinance Act. 3.The submissions made by Mr.A.Thiruvadi Kumar, learned counsel for the petitioner and by Mr.K.V.Rajarajan, learned Government Advocate (Crl. Side) 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 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 II Additional District and Sessions Judge (Special Judge for P.C.R. cases), Tirunelveli, Tirunelveli District 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(T & P) /True Copy/ Sub-Assistant Registrar To 1.The II Additional District and Sessions Judge (Special Judge for PCR Cases), Tirunelveli, Tirunelveli District. 2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

+1cc to Mr.A.Thiruvadi Kumar, Advocate, in SR. No.3449. CRL.O.P.(MD)No.1260 of 2015 27.01.2015 rj2 msm 28.01.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/