Muthuramalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.3138 of 2015 Muthuramalingam ..Petitioner/Accused (Rank not known) Vs.

The State rep. by its The Inspector of Police, Sathankulam Police Station, Tuticorin District.

(Crime No.204 of 2014) .. Respondent/Complianant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned 2nd Additional Sessions Judge Cum PCR Judge, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender pending investigation in connection with the Cr.NO.204/2014 on the file of the respondent police. For Petitioner :

Mr.S.Angappan For Respondent :

Mr.K.Anbarasan Government Advocate,(Crl. Side) *****

O R D E R

The petitioner seeks a direction to the learned 2nd Additional Sessions Judge Cum PCR Judge, Tirunelveli to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.204 of 2014 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 307 IPC @ 294(b), 342, 307 and 506(i) IPC r/w. 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2014.

3.The submissions made by Mr.S.Angappan, learned counsel for the petitioner and by Mr.K.Anbarasan, learned Government Advocate (Crl. Side) representing 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) Amendment Act, 2014 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 2nd Additional Sessions Judge Cum PCR Judge, 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(Writs) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The IInd Additional Sessions Judge Cum PCR Judge, Tirunelveli.

2.The Inspector of Police, Sathankulam Police Station, Tuticorin District.

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

CRL.O.P.No.3138 of 2015 26.02.2015 rj2 PBK 26/02/2015 ::2P-4C: (IT) https://hcservices.ecourts.gov.in/hcservices/