Madras High CourtCRL OP(MD)/2919/2015ordered

V.Manikandan 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.2919 of 2015 V.Manikandan .. Petitioner .. Vs ..

The State, Rep. by Inspector of Police, oddanchatram Police Station, Dindigul District.

Cr.No.72 of 2015. .. Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned Principal District & Sessions Judge(Special Court for SC/ST(P & A) Act Cases), Dindigul to consider the bail application filed by the petitioner herein and pass orders on the same day, in the event of his surrender before the said Court in connection with the case in Crime No.72 of 2015 on the file of the respondent. For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.K.V.Rajarajan, Government Advocate(Crl. Side)

ORDER

The petitioner seeks a direction to the learned Principal District & Sessions Judge(Special Court for SC/ST(POA) Act Cases), Dindigul to consider the bail application filed by the petitioner herein and pass orders on the same day, in the event of his surrender before the said Court in connection with the case in Crime No.72 of 2015 on the file of the respondent. 2.The petitioner is accused for offences punishable under Sections 451, 324, 354, 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prevention of Women Harassment Act r/w Section 3(1)(r)(s) of SC/ST(POA)Act, Amendment Ordinance Act, 2014. 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 Principal District & Sessions Judge(Special Court for SC/ST(POA) Act Cases), Dindigul, 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(C.O.,) /True Copy/ Sub-Assistant Registrar To 1.The Principal District & Sessions Judge (Special Court for SC/St(POA) Act Cases), Dindigul. 2.The Inspector of Police, oddanchatram Police Station, Dindigul District.

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

+1cc to Mr.N.Sathish Babu, Advocate, in SR. No.7557. CRL.O.P.(MD)No.2919 of 2015 18.02.2015 pm msm 23.02.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/