Veluchamy v. The Inspector Of Police

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.1394 of 2015 1.Veluchamy 2.Lingadurai (*)3.Kumar @ Jenis Kumar .. Petitioners Vs.

The State rep.by The Inspector of Police, Valliyur Police Station, Tirunelveli District (Crime No.20 of 2015) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the II Additional District and Sessions Judge (PCR) Court, Tirunelveli to dispose the bail application filed by the petitioner on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime No.20 of 2015 on the file of the respondent.

For Petitioners :

Mr.G.Thalaimutharasu For Respondent :

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

ORDER

The petitioners seek for a direction to the learned II Additional District and Sessions Judge (PCR) Court, Tirunelveli to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the concerned court in pending investigation of Crime No.20 of 2015 on the file of the respondent.

2.The petitioners are accused for offences punishable under Sections (*)341, 294(b), 324, 506(ii) of IPC r/w 3(1)(r)(s) of SC/ST Amendment Ordinance 2014.

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.

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

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 II Additional District and Sessions Judge (PCR) Court, Tirunelveli, 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(CO) (*)Amended as per order of this court dt.18.02.2015 and made in MP(MD).1/2015 IN CRL OP(MD).1394/2015 /True Copy/ Sub Assistant Registrar To TO BE SUBSTITUTED TO THE ORDER ALREADY DESPATCHED ON 03.02.2015

1. The II Additional District and Sessions Judge (PCR) Court, Tirunelveli 2.The Inspector of Police, Valliyur Police Station, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr.Thalaimutharasu, Advocate Sr.No.7512 mpk AA/03.02.2015/2p- 5c/ CRL.O.P.(MD)No.1394 of 2015 30.01.2015 NA/18/02/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/