Santhanakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T. SELVAM CRL.O.P(MD).No.2042 of 2015 Santhanakumar .. Petitioner/A2 Vs.

The State, By The Inspector of Police Alwarkurichi Police Staion, Tirunelveli District.

.. Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider his bail application on the same day of his surrender in respect of Crime No. 27 of 2015 on the file of the respondent, pending investigation.

For Petitioner :

Mr.D.Venkatesh For Respondent :

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

O R D E R

The petitioner seeks a direction to the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.27 of 2015 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 294(b) and 506(ii) IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act r/w 3(1)(s)(r), 3(2)(va) and 3(1)(w)(ii) of the SC/ST (Prevention of Atrocities) Amendment Ordinance Act, 2014. 3.The submissions made by Mr.D,Venkatesh, learned counsel for the petitioner 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 petitioner, the fact that anticipatory bail cannot be granted in respect of offences punishable under the SC/ST (Prevention of Atrocities) Amendment Ordinance Act, 2014 and that taking into custody of the petitioner pending consideration of his bail application could cause him irreparable hardship, this Court considers it appropriate to direct the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CO) \\True copy\\ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli. 2.The Inspector of Police,Alwarkurichi Police Staion,Tirunelveli District. 3.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

+1 CC TO M/S.D.VENKATESH, ADVOCATE SR.NO.5791 CRL.O.P.No. 2042 of 2015 SES NA/11/02/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/