Sambasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.3760 of 2015 Sambasivam .. Petitioner .. Vs ..

State represented by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

Crime No.39 of 2015.

.. Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur to accept the surrender and consider the bail application filed by the petitioner on the same day in Crime No.39 of 2015 on the file of the respondent police.

For Petitioner : Mr.R.Sivasubramanian For respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

ORDER

The petitioner seeks a direction to the learned I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur to accept the surrender and consider the bail application filed by the petitioner on the same day in Crime No.39 of 2015 on the file of the respondent police.

2.The petitioner is an accused for offences punishable under Sections 294(b), 379 (NP), 506(i) of IPC r/w 3(i)(r)(s), 3(2)(Va) of SC/ST Amendment Ordinance Act, 2014.

3.The submissions made by Mr.R.Sivasubramanian, 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.

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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 I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. 5.The petition is ordered accordingly.

Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To 1.The I Additional District and Sessions Judge, (Protection of Civil Rights), Thanjavur.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur.

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

+1cc to Mr.T.A.Ebenezer,Advocate SR.No.10940 CRL.O.P.(MD)No.3760 of 2015 06.03.2015 am PA/12.03.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/