M.Paramasivam v. The Inspector Of Police
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.2833 of 2015
1. M.Paramasivam
2. P.Devi
3. Lakshmi ... Petitioners Vs.
State represented by the Inspector of Police, Perungudi Police Station, Madurai District.
Crime No.33 of 2015.
... Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the learned III Additional District and Sessions Judge, Madurai, SC/ST (Prevention of Atrocities Act) to consider the bail application of the petitioners on the same day on merits in accordance with law in respect of the Crime No.33 of 2015 on the file of respondent police.
For Petitioners : Mr.S.Mahendrapathy For Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.side)
O R D E R
The petitioner seeks a direction to the learned III Additional District and Sessions Judge, Madurai, SC/ST (Prevention of Atrocities Act) to consider their bail application on the same day of their surrender in respect of Crime No.33 of 2015 on the file of the respondent, pending investigation.
2. The petitioners are accused for offences punishable under Sections 294(b), 355, 506(i) of I.P.C. and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.
3. The submissions made by the learned Counsel for the petitioners 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 petitioners, 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 https://hcservices.ecourts.gov.in/hcservices/
could cause them irreparable hardship, this Court considers it appropriate to direct the learned III Additional District and Sessions Judge, Madurai, SC/ST (Prevention of Atrocities Act) to consider and dispose the bail application to be filed by the petitioners on the same day itself in connection with the case in Crime No.33 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 To
1. The III Additional District and Sessions Judge, Madurai.(Court for SC/ST Prevention of Atrocities Act cases)
2. The Inspector of Police, Perungudi Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to MR.S.MAHENDRAPATHY, ADVOCATE S.NO.7430 Crl.O.P.(MD).No.2833 of 2015 17.02.2015 AKV NA/19/02/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/