Madras High CourtCRL OP(MD)/2862/2015ordered

J.Senthilkumar v. The Deputy Superintendent Of

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.2862 of 2015 J.Senthilkumar .. Petitioner .. Vs ..

The Deputy Superintendent of Police, Manamadurai Sub Division, Sivagangai District, (Crime No.461/2014, Thirupuvanam Police Station) .. Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the Special District and Sessions Court (for SC/ST Act Cases) Sivagangai to consider the bail application of the petitioner in Thirupuvanam police station in Crime No.461 of 2014 pending investigation on the file of the respondent, on the same day of surrender of the petitioner on merits.

For Petitioner : Mr.G.Bhagavath Singh For respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

ORDER

The petitioner seeks a direction to the Special District and Sessions Court (for SC/ST Act Cases) Sivagangai, to consider the petitioner's bail application on the date of surrender before the Court in respect of Crime No.461 of 2014 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b), 323, 324, 506(ii) of I.P.C and Section 3(i)(r)(s) of SC/ST(POA) Amendment Ordinance Act.

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. https://hcservices.ecourts.gov.in/hcservices/

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 Special District and Sessions Court (for SC/ST Act Cases) Sivagangai 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(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The Special District and Sessions Court (for SC/ST Act Cases) Sivagangai 2.The Deputy Superintendent of Police, Manamadurai Sub Division, Sivagangai District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court Madurai.

+1cc to Mr.G.Bhagavath Singh,Advocate, SR.No.7863 CRL.O.P.(MD)No.2862 of 2015 18.02.2015 pm PA/24.02.15/2P/5C https://hcservices.ecourts.gov.in/hcservices/