Madras High CourtCRL OP(MD)/3560/2015ordered

Muthukumar v. The Inspector Of Police

2015-02-26Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.O.P.No.3560 of 2015

1. MUTHUKUMAR

2. ARUN

3. SARAVANAN .. Petitioners/Accused No. 1 to 3 Vs.

THE STATE REP.BY THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Honourable District and Sessions Judge, Sivagangai for SC/ST (Prevention of Atrocities) Act to consider the bail petition of the petitioners on the same day on their surrender in connection with Cr.NO.122/2015 on the file of the respondent police. For Petitioners :

Mr.V.Sasikumar For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned District Sessions Judge, Sivagangai for SC/ST (Prevention of Atrocities) Act to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.122 of 2015 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 323 and 506(ii) IPC r/w. Section 3(1)(r)(s) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment & Ordinance Act, 2014.

3.The submissions made by Mr.V.Sasikumar, 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 Sessions Judge, Sivagangai for SC/ST (Prevention of Atrocities) Act, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CO) /True copy/ sub Assistant Registrar rj2 To

1. THE DISTRICT AND SESSIONS JUDGE, SIVAGANGAI FOR SC/ST (PREVENTION OF ATROCITIES) ACT, SIVAGANGAI.

2. THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to MR.A.MOHAN,ADVOCATE IN SR NO.9084 CRL.O.P.No.3560 of 2015 26.02.2015 rg.26.02.2015 2p.5c.

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