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Madras High CourtCRL OP(MD)/3221/2015ordered

Malar 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.3221 of 2015 1.Malar 2.Sivagami .. Petitioners/Accused Nos.1 & 2 .. Vs ..

State rep. by The Inspector of Police, Peravoorani Police Station, Thanjavur District. .. Respondent/Complainant Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned I Additional District Judge(PCR), Thanjavur to consider the bail application of the petitioners on their accept surrender before the same Court on merits on the same day in connection with the Crime No.28 of 2015 on the file of the respondent police.

For Petitioners : Mr.V.K.Srinivasan For Respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

ORDER

The petitioners seek a direction to the learned I Additional District Judge(PCR), Thanjavur to accept the surrender and consider the bail application filed by the petitioners on the same day in Crime No.28 of 2015 on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 294(b), 323, 355 I.P.C r/w 3(1)(r)(s) 3(2)(va) SC/ST (POA) Ordinance Amendment Act, 2014.

3.The submissions of the learned counsel for the petitioners 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 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 I Additional District Judge(PCR), Thanjavur to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The I Additional District Judge(PCR), Thanjavur.

2.The Inspector of Police, Peravoorani Police Station, Thanjavur District.

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

+1cc to MR.V.K.SRINIVASAN, ADVOCATE IN SR : 8189 Pm SR : 26.02.2015 : 2p/5c CRL.O.P.(MD)No.3221 of 2015 23.02.2015 https://hcservices.ecourts.gov.in/hcservices/