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Madras High CourtCRL OP(MD)/2839/2015ordered

Iyappan v. The Inspector Of Police

2015-02-18Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.2839 of 2015 Iyappan .. Petitioner .. Vs ..

The Inspector of Police, Munneerpallam Police Station, Tirunelveli District, Crime No.262 of 2014. .. Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application on the date of surrender before the Court in respect of Crime No.262 of 2014 on the file of the respondent police.

For Petitioner : Mr.V.Angusamy For respondent : Mr.K.V.Rajarajan, Government Advocate(Crl. Side)

ORDER

The petitioner seeks a direction to the learned II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application on the date of surrender before the Court in respect of Crime No.262 of 2014 on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 307 and 302 r/w Section 34 I.P.C and Section 3(2)(v) of Scheduled Caste/Scheduled Tribes Act(POA) Act and Section 120(B) I.P.C.

3.The submissions made 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 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 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 cum PCR Court, Tirunelveli to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. 5.The petition is ordered accordingly.

Sd/- Assistant Registrar(T & P) /True Copy/ Sub-Assistant Registrar To 1.The II Additional District and Sessions Judge cum PCR Court, Tirunelveli.

2.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.V.Angusamy, Advocate, in SR. No.7496. CRL.O.P.(MD)No.2839 of 2015 18.02.2015 pm msm 23.02.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/