Madras High CourtCRL OP(MD)/3088/2015ordered

Rajagopal 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.3088 of 2015 Rajagopal .. Petitioner /Accused NO.1 .. Vs ..

State through The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.25 of 2015). .. Respondent/complainant Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned II Additional Sessions Judge and Special Court for PCR Tirunelveli to consider the bail application of the petitioner/accused No.1 in Crime No.25 of 2015 on the file of the respondent police on the same day of surrender, on merits. For Petitioner : Mr.S.Sundara Pandian For respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

ORDER

The petitioner seeks a direction to the learned II Additional Sessions Judge and Special Court for PCR Tirunelveli to consider the bail application of the petitioner/Accused No.1 in Crime No.25 of 2015 on the file of the respondent police on the same day of surrender, on merits. 2.The petitioner is accused for offences punishable under Sections 341, 294(b) I.P.C & Section 3 of TNPPDL Act & 3(I)(X) of SC/ST Act and (POA) 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 II Additional Sessions Judge and Special Court for PCR 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(CO) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ sub Assistant Registrar

pm To

1. The II Additional Sessions Judge and Special Court for PCR Tirunelveli.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

+1cc to MR. S.Sundarapandian,ADVOCATE IN SR NO.8073 CRL.O.P.(MD)No.3088 of 2015 23.02.2015 RG.25.02.2015 2P.5C.

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