Udhayakumar v. The Deputy Superintendent

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)Nos.1267 & 1268 of 2015 Crl.O.P.(MD)No.1267 of 2015:

1. UDHAYAKUMAR

2. RAMUKKANNU

3. MUTHUKUMAR

4. SENTHIL

5. NEETHI

6. SOLAI .. Petitioners Vs.

1. THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, ALANGUDI SUB DIVISION, PUDUKKOTTAI DISTRICT.

2. THE SUB INSPECTOR OF POLICE, VADAKADU POLICE STATION, PUDUKKOTTAI DISTRICT, cR.NO.15 OF 2015.

.. Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned District Sessions Judge cum PCR Court Pudukkottai to consider the bail application on same day on their surrender in connection with Cr.No.15 of 2015 on the file of the respondent. Crl.O.P.(MD)No.1268 of 2015:

Ramkumar .. Petitioner Rep by Natural Guardian of Rammukannu Vs.

1. STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, ALANGUDI SUB DIVISION, PUDUKKOTTAI DISTRICT.

2. THE SUB INSPECTOR OF POLICE, VADAKADU POLICE STATION, PUDUKKOTTAI DISTRICT, cR.NO.15 OF 2015.

.. Respondents

Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the Chairman of the Juvenile Justice Board/Judicial Magistrate, Pudukkotai to consider the bail application on the same day on his surrender in connection with Crime No.15 of 2015 on the file of the respondent.

For Petitioner : Mrs.Porkodi Karnan (in both cases) for M/s.Polax Legal Solutions For respondents : Mr.K.V.Rajarajan (in both cases) Government Advocate(Crl. Side) - - - - -

ORDER

The petitioners seek a direction to the learned District Sessions Judge cum PCR Court Pudukkottai and the Chairman of the Juvenile Justice Board/Judicial Magistrate, Pudukkotai, respectively, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.15 of 2015 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 147, 294(b), 323 and 506(ii) I.P.C r/w. 3(1)(r)(S) & 3(2)(v) of SC & ST (Prevention of Atrocities) Amendment Ordinance Act. 3.The submissions made by Mrs.Porkodi Karnan, learned counsel for the petitioners and by Mr.K.V.Rajarajan, 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 petitioners, 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 petitioners pending consideration of their bail applications could cause them irreparable hardship, this Court considers it appropriate to direct the learned District Sessions Judge cum PCR Court Pudukkottai and the Chairman of the Juvenile Justice Board/Judicial Magistrate, Pudukkotai, respectively, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. 5.The petitions are ordered accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(C.S.)

To

1. THE DISTRICT SESSIONS JUDGE, CUM PCR COURT, PUDUKOTTAI.

2. THE CHAIRMAN OF THE JUVENILE JUSTICE BOARD /JUDICIAL MAGISTRATE, PUDUKKOTAI

3. THE DEPUTY SUPERINTENDENT OF POLICE, ALANGUDI SUB DIVISION, PUDUKKOTTAI DISTRICT.

4. THE SUB INSPECTOR OF POLICE, VADAKADU POLICE STATION, PUDUKKOTTAI DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

+2cc to Mr. Polax Legal Solutions,Advocate in SR.No. 3552 & 3553 TS/29.01.2015/3P-8C CRL.O.P.(MD)Nos.1267 & 27.01.2015