Madras High CourtCRL OP(MD)/2694/2015ordered

Malaichamy v. The Inspector Of Police

2015-02-17Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD).No.2694 of 2015 Malaichamy ... Petitioner Vs.

State represented by the Inspector of Police, Town Police Station, Bodinayakkanur, Theni District, Crime No.73 of 2015.

... Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned Principal District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni to accept the surrender of the petitioner/accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.73 of 2015 on the file of respondent police.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

The petitioner seeks a direction to the learned Principal District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni to consider his bail application on the same day of his surrender in respect of Crime No.73 of 2015 on the file of respondent police.

2. The petitioner is accused for offences punishable under Sections 294(b), 506(i) of I.P.C. r/w. Section 3(1)(r)(s) of 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.

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 District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Theni to consider and dispose the bail application https://hcservices.ecourts.gov.in/hcservices/

to be filed by the petitioner on the same day itself in connection with the case in Crime No.73 of 2015 on the file of the respondent police. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar akv To

1. The Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (POA) Act, Theni.

2. The Inspector of Police, Town Police Station, Bodinayakkanur, Theni District.

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

+1cc to Mr.T.Vadivelan,Advocate SR NO.7214 Crl.O.P.(MD).No.2694 of 2015 17.02.2015 rg.23.02.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/