Madras High CourtCRL OP(MD)/1326/2015ordered

Gopi v. The Sub Inspector Of Police

2015-01-30Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.(MD)No.1326 of 2015 1.Gopi 2.Kodiarasan 3.Tamilarasan 4.Kamal 5.Ramadurai 6.Govindaraj 7.Senthil .. Petitioners/Accused Nos.3,6 to 11 Vs.

State rep.by The Sub Inspector of Police, Kantharvakkottai Police Station, In Cr.No.20 of 2015 Pudukkottai, Pudukkottai District.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District and Sessions Judge, P.C.R.Court, Pudukkottai under the SC/ST Act to consider of the bail application on the surrender of the petitioners in connection with Crime No.20 of 2015, pending investigation on the file of the respondent on merits on the same day.

For Petitioners :

Mr.G.Mathavan For Respondent :

Mr.K.V.Rajarajan Government Advocate,(Crl. Side) *****

O R D E R

The petitioners seek for a direction to the learned Principal District and Sessions Judge, P.C.R.Court, Pudukkottai under the SC/ST Act to consider of the bail application on the surrender of the petitioners in connection with Crime No.20 of 2015, pending investigation on the file of the respondent on merits on the same day.

2.The petitioners are accused for offences punishable under Sections 147, 341, 323, 506(i) IPC r/w 3(1)(r)(s) (3)(II)(v) (a) of SC/ST Act. 3.The submissions made by the earned counsel for the petitioners and by the learned Government Advocate (Crl. Side) representing the respondents were heard. The materials available on record were also perused.

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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 application could cause them irreparable hardship, this Court considers it appropriate to direct the learned Principal District and Sessions Judge, P.C.R.Court, Pudukkottai under the SC/ST Act, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. 5.The petition is ordered accordingly.

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

1. The Principal District and Sessions Judge, P.C.R.Court, Pudukkottai.

2.The Sub Inspector of Police, Kantharvakkottai Police Station, Pudukkottai, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr. G.Mathavan ,Advocate in SR.No. 4318 TS/30.01.2015/2P-5C CRL.O.P.(MD)No.1326 of 2015 30.01.2015 https://hcservices.ecourts.gov.in/hcservices/