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Madras High CourtCRL OP(MD)/2761/2015ordered

Vivekanandan v. The Deputy Superintendent Of

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.2761 of 2015 Vivekanandan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

2. State represented by the Inspector of Police, Pattukottai Police Station, Thanjavur District.

(Crime No.559 of 1996) ... Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to P.R.C.No.75 of 2009 on the file of the learned Judicial Magistrate, Pattukottai.

For Petitioner : Mr.S.Rajaprabu For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

The petitioner seeks a direction to the learned I Additional District and Sessions Judge (PCR Court), Thanjavur to consider his bail application on the same day of his surrender in respect of P.R.C.No.75 of 2009 on the file of the learned Judicial Magistrate, Pattukottai.

2. The petitioner is accused for offences punishable under Sections 147, 341, 323, 294(b) of I.P.C. r/w. Section 3(1)(x) 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 I Additional District and Sessions https://hcservices.ecourts.gov.in/hcservices/

Judge (PCR Court), Thanjavur to consider and dispose the bail application to be filed by the petitioner on the same day itself in connection with the case in P.R.C.No.75 of 2009 on the file of the learned Judicial Magistrate, Pattukottai. Accordingly, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To

1. The I Additional District and Sessions Judge (PCR Court), Thanjavur.

2.The Judicial Magistrate, Pattukkottai.

3.The Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

4. The Inspector of Police, Pattukottai Police Station, Thanjavur District.

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

+1cc to Mr.M.Karunanithi,Advocate, SR.No.7558 Crl.O.P.(MD).No.2761 of 2015 17.02.2015 akv PA/20.02.15/2P/7C https://hcservices.ecourts.gov.in/hcservices/