Madras High CourtCRL OP(MD)/1397/2015ordered

Karuppu @ Karuppasamy 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.1397 of 2015 1.Karuppu @ Karuppasamy 2.Vellaiyammal .. Petitioners Vs.

The State rep.by The Sub Inspector of Police, Karuppayoorani Police Station, Madurai District, (Crime No.110 of 2013) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the III Additional Sessions Judge (PCR Court Cases), Madurai (Special Court) under the SC/ST Prevention of Atrocities Act, 1989, to accept the surrender of the petitioners and to consider the bail application of petitioners on the same day in connection with Crime NO.110/2013 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 III Additional Sessions Judge (PCR Court Cases), Madurai (Special Court) under the SC/ST Prevention of Atrocities Act, 1989, to accept the surrender of the petitioners and to consider the bail application of petitioners on the same day in connection with Crime NO.110/2013 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, 148, 323, 427, 506(ii) of IPC r/w 3(1)(x) of SC/ST Prevention of Atrocities Act, 1989.

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.

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

them irreparable hardship, this Court considers it appropriate to direct the III Additional Sessions Judge (PCR Court Cases), Madurai (Special Court) under the SC/ST Prevention of Atrocities Act, 1989, 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(Crl.side) \\True copy\\ Sub Assistant Registrar To

1. The III Additional Sessions Judge (PCR Court Cases), Madurai

2. The Sub Inspector of Police, Karuppayoorani Police Station, Madurai District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC TO M/S.G.MATHAVAN, ADVOCATE SR.NO.4313 CRL.O.P.(MD)No.1397 of 2015 30.01.2015 MPK NA/05/02/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/