Madras High CourtCRL OP(MD)/1476/2015ordered

Gurusamy v. The Inspector Of Police

2015-01-29Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.1476 of 2015 1.Gurusamy 2.Alex 3.Kannan ..Petitioners .. Vs ..

State rep. by The Inspector of Police, Paralachi Police Station, Virudhunagar District.

Crime No.03 of 2015.

..Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur to consider the bail application of the petitioners on same day on merits in accordance with law in respect of the Crime No.03 of 2015 on the file of the respondent police.

For Petitioner : Mr.S.J.Chakkaravarthy for M/s.Eddy and Emboss Law Firm For respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side) - - - - -

ORDER

The petitioner seeks a direction to the learned Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur to consider the bail application of the petitioners on same day on merits in accordance with law in respect of the Crime No.03 of 2015 on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 147, 148,294(b), 323, 355, and 506(ii) I.P.C r/w. 3(ii)(V) of SC & ST Act, 1989.

3.The submissions made by Mr.S.J.Chakkaravarthy, 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 application could cause their irreparable hardship, this Court considers it appropriate to direct the learned Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of his surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(Per Admn) /True copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur 2.The Inspector of Police, Paralachi Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court Madurai.

+1CC to M/s.Edday & Embboss, Advocate in SR.4070 CRL.O.P.(MD)No.1476 of 2015 29.01.2015 rr.

PBK 29/01/2015 ::2P-5C: (IT) https://hcservices.ecourts.gov.in/hcservices/