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Madras High CourtCRL OP(MD)/360/2015ordered

Sudhakar v. The Sub Inspector Of Police

2015-01-12Honourable Mr Justice C. T. Selvam2 pages

BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM CRL.O.P.No.360 of 2015 Sudhakar .. Petitioner/A Vs.

State by The Sub- 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 Sessions Judge (PCR), Madurai, Madurai District to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender itself in Crime No.3 of 2015 on the file of the respondent police.

For Petitioner :

Mr.Madhan Kumar For Respondent :

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

O R D E R

The petitioner seeks a direction to the learned Sessions Judge (PCR), Madurai, Madurai District 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.Madhan Kuma, 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 learned Sessions Judge (PCR), Madurai, Madurai District to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CO) \\True copy\\ Sub Assistant Registrar To 1.The Sessions Judge (PCR), Madurai, Madurai District 2.The Sub- Inspector of Police,Melur Police Staion,Madurai District. 3.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

+1 CC TO M/S.S.MADHANKUMAR, ADVOCATE,SR.NO.4984 CRL.O.P.No. 360 of 2015 SES NA/21/01/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/