Madras High CourtCRL OP(MD)/1475/2015ordered

Muniyandi v. The 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.1475 of 2015 1.Muniyandi 2.Rajendran .. Petitioners Vs.

The State rep.by The Inspector of Police, Paralachi Police Station, Virudhunagar District (Crime No.3 of 2015) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Principal Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases) to consider the bail application of the petitioners in Cr.No.3 of 2015 on the same date of surrender and dispose the same on merits in accordance with law. For Petitioners :

Mr.G.marimuthu For Respondent :

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

O R D E R

The petitioners seek for a direction to the Principal Sessions Court, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases) to consider the bail application of the petitioners in Cr.No.3 of 2015 on the same date of surrender and dispose the same on merits in accordance with law.

2.The petitioners are accused for offences punishable under Sections 147, 148, 294(b), 323, 355, 506(ii) of IPC r/w.Sec.4 of Tamil Nadu Prohibition of Harassment of Women Act and Sec 3(1) (r)(s) and 3(2)(V) (a), Sec.3(1)(V) of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 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.

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 Sessions Judge, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases) to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar MPK To

1. The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special Court for SC/ST Act Cases) 2.The Inspector of Police, Paralachi Police Station, Virudhunagar District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr.G.Marimuthu, Advocate in Sr NO.4705 CRL.O.P.(MD)No.1475 of 2015 30.01.2015 rg.04.02.2015 2p.5c.

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