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Madras High CourtCRL OP(MD)/2112/2015allowed

Muthukumar v. The Inspector Of Police

2015-02-10Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD).No.2112 of 2015 Muthukumar ... Petitioner Vs.

State rep. by The Inspector of Police, Highway-viz Police Station, Theni District.

(Crime No.3 of 2015) ... Respondent Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the Principal Sessions Judge (Special Court for PCR Cases), Theni, to consider his bail application on the same day of his surrender in respect of Crime No.3 of 2015 on the file of the respondent pending investigation. For Petitioner : Mr.D.Venkatesh For Respondent : Mr.P.Kandasamy, Government Advocate (Crl. Side)

O R D E R

The petitioner seeks a direction to the learned Principal Sessions Judge (Special Court for PCR Cases), Theni, to consider his bail application on the same day of his surrender in respect of Crime No.3 of 2015 on the file of the respondent, pending investigation.

2.The petitioner is accused for offences punishable under Sections 294(b) and 324 IPC and Sections 3(1)(R)(S) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by the learned Counsel for the petitioner and the learned Government Advocate (Crl. side) representing the respondent were heard. The materials available on record were also perused.

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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 Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014 and that taking into custody of the petitioner pending consideration of bail application could cause him irreparable hardship, this Court considers it appropriate to direct the learned Principal Sessions Judge (Special Court for PCR Cases), Theni, to consider and dispose the bail application to be filed by the petitioner on the same day itself in connection with the case in Crime No.3 of 2015 on the file of the respondent police. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(C.O.,) /True Copy/ Sub-Assistant Registrar To 1)The Principal Sessions Judge (Special Court for PCR Cases), Theni.

2)The Inspector of Police, Highway-viz Police Station, Theni District.

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

+1cc to Mr.D.Venkatesh, Advocate, in SR. No.6188. Crl.O.P.(MD).No.2112 of 2015 10.02.2015 NB2 msm 12.02.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/