Madras High CourtCRL OP(MD)/2947/2015ordered

Baskaran @ Vellai Poonai 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.2947 of 2015 1.Baskaran @ Vellai Poonai 2.Krishnan .. Petitioners/Accused .. Vs ..

1.The Deputy Superintendent of Police, Karuppayoorani, Madurai District.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

(Crime No.41 of 2015) .. Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the III Additional Sessions Judge(PCR), Madurai to consider the bail application along with surrender of petitioners in connection with Crime No.41 of 2015 on the file of the second respondent police on the same day.

For Petitioners : Mr.A.John Vincent For Respondents : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

ORDER

The petitioners seek a direction to the learned III Additional Sessions Judge(PCR), Madurai to consider the bail application along with surrender of petitioners in connection with Crime No.41 of 2015 on the file of the second respondent police on the same day.

2.The petitioners are accused for offences punishable under Sections 147, 148, 341, 323 of I.P.C, r/w Section 3(1)(r), 3(1) (s) of SC/ST(POA) Amendment Ordinance Act, 2014. 3.The submissions made 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.

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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 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and that taking into custody of the petitioners pending consideration of their bail application could cause them irreparable hardship, this Court considers it appropriate to direct the learned III Additional Sessions Judge(PCR), Madurai, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

5.The petition is ordered accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The III Additional Sessions Judge(PCR), Madurai.

2.The Deputy Superintendent of Police, Karuppayoorani, Madurai District.

3.The Inspector of Police, Silaiman Police Station, Madurai District.

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

+1cc to Mr. A.John Vincent, Advocate Sr.No.7467 pm AA/24.02.2015/2p- 5c/ CRL.O.P.(MD)No.2947 of 2015 18.02.2015 https://hcservices.ecourts.gov.in/hcservices/