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Madras High CourtCRL OP(MD)/3050/2015ordered

Ponnaiyah @ Ilayaraja v. The Inspector Of Police

2015-02-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.3050 of 2015 Ponnaiyah @ Ilayaraja .. Petitioner/Single Accused .. Vs ..

State by Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

(Crime No.48 of 2015) .. Respondent/Complainant Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned Sessions Judge cum P.C.R. Court, Sivagangai to accept the surrender of the petitioner in connection with the Crime No.48 of 2015 pending investigation on the file of the respondent police and to consider and pass orders in the bail application on the same day.

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

ORDER

The petitioner seeks a direction to the learned Sessions Judge cum P.C.R. Court, Sivagangai to accept the surrender of the petitioner in connection with the Crime No.48 of 2015 pending investigation on the file of the respondent police and to consider and pass orders in the bail application on the same day.

2.The petitioner is accused for offences punishable under Sections 294(b) and 324 of I.P.C and 3(1)(s)(r) of SC/ST(P.A) Act, 1989. 3.The submissions of the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent were heard. The materials available on record were also perused. 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 Sessions Judge cum P.C.R. Court, Sivagangai, to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Sessions Judge cum P.C.R. Court, Sivagangai.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

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

+1cc to MR.V.KANNAN, ADVOCATE IN SR : 8385 Pm SR : 26.02.2015 : 2p/5c CRL.O.P.(MD)No.3050 of 2015 23.02.2015 https://hcservices.ecourts.gov.in/hcservices/