Madras High CourtCRL OP(MD)/1693/2015ordered

Vasanth v. The Inspector Of Police

2015-02-03Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD).No.1693 of 2015 1.Vasanth 2.Kumaran 3.Murugan 4.Thirupathy 5.Vijayan 6.Sethurayan 7.Manoj :Petitioners -VsThe State by Inspector of Police, B-1, Melur Police Station, Madurai, Madurai District.

(In Crime No.46 of 2015) :Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Special Court for P.C.R. Cases namely the III Additional District Sessions Judge (PCR), Madurai, to accept the surrender of the Petitioners in Crime No.46 of 2015 on the file of the Respondent Police and to dispose of his bail application on the same day itself.

For Petitioner : Mr.R.Sivakumar For Respondent : Mr.P.Kannithevan Government Advocate (Crl. Side)

O R D E R

The petitioners seek for a direction to the learned III Additional District and Sessions Judge (PCR), Madurai to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.46 of 2015 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 147, 148, 324, 427, 506(ii) IPC r/w. 3(1)(r), 3(1)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by Mr.R.Sivakumar, learned counsel for the petitioners and by Mr.P.Kannithevan, 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) Amendment Ordinance Act, 2014 and that taking https://hcservices.ecourts.gov.in/hcservices/

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 III Additional District and Sessions Judge (PCR), Madurai 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.

sj TO 1.The III Additional District and Sessions Judge (PCR), Madurai.

2.The Inspector of Police, B-1, Melur Police Station, Madurai, Madurai District.

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

+1CC TO MR.R.SIVAKUMAR, ADVOCATE SR NO.4887 Crl.O.P.(MD).No.1693 of 2015 03.02.2015 RG.04.02.2015 2P/5C(I.T) https://hcservices.ecourts.gov.in/hcservices/