Santhanakumar 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.3492 of 2015

1. SANTHANAKUMAR

2. NEJENDRAN .. Petitioners/Accused No.1 & 2 Vs.

THE STATE REP BY THE INSPECTOR OF POLICE, KA.VILAKKU POLICE STATION, THENI DISTRICT.

CR.NO.10/2015 .. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the District Judge (PCR), Theni to consider the bail application of the petitioners / Accused in Cr.No.10/2015 on the file of the respondent police on the same day to surrender on merits. For Petitioners :

Mr.P.Senguttuarasan For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned District Judge (PCR), Theni, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.10 of 2015 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 147 and 506(i) IPC & Section 3(1)(r) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act. 3.The submissions made by Mr.P.Senguttuarasan, learned counsel for the petitioners 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 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 District Judge (PCR), Theni, 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(AE) (*)CORRECTED ORDER ISSUED \\True copy\\ Sub Assistant Registrar To TO BE SUBSTITUTED ORDER ALREADY DESPATCHED 1.THE JUDICIAL MAGISTRATE(PCR) THENI DISTRICT (*) 2.THE INSPECTOR OF POLICE, KA.VILAKKU POLICE STATION, THENI DISTRICT.

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

+1 CC TO M/S.P.SENGUTTARASAN, ADVOCATE SR.NO.9591 CRL.O.P.No.3492 of 2015 26.02.2015 rj2 NA/26/02/2015/P2/5C(IT) https://hcservices.ecourts.gov.in/hcservices/