Prathiminan v. The Inspector Of Police

BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.330 of 2015 Prathiminan S/o Perumal Rep. through his natural guardian Perumal S/o Peruvachi Ambalam .. Petitioner/A5 Vs.

State by The Inspector of Police Melur Police Staion, Madurai District in Crime No.3 of 2015 .. Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Juvenile Justice Board, Madurai to consider the petitioner's bail application on the sme day of surrender in respect of Crime No.3 of 2015 on the file of the respondent police.

For Petitioner :

Mr.V.Angusamy For Respondent :

Mr.K.V.Rajarajan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the learned Juvenile Justice Board, Madurai , to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.3 of 2015 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 147, 294(b), 323, 324 IPC r/w 3(1)(r), 3(1)(S) of SC/ST Amendment Ordinance Act, 2014.

3.The submissions made by Mr.V.Angusamy learned counsel for the petitioner and by Mr.K.V.Rajarajan, 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) 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 Juvenile Justice Board, Madurai to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(C.S.) To 1.The Juvenile Justice Board, Madurai.

2.The Inspector of Police,Melur Police Staion,Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr. V.Angusamy,Advocate in SR.No. 1358 TS/13.01.2015/2P-5C CRL.O.P.No. 330 of 2015 12.01.2015 https://hcservices.ecourts.gov.in/hcservices/