Madras High CourtCRL OP(MD)/3772/2015ordered

Mayakrishnan v. The Deputy Superintendent Of

2015-03-05Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2015

CORAM

THE HONOURABLE MR. JUSTICE C.T. SELVAM Crl.O.P(MD).No. 3772 of 2015 Mayakrishnan .. Petitioner/ A1 Vs.

1. The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District

2. The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District (Crime No.110 of 2014) .. Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Ramanathapuram to accept the surrender of the petitioner / accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.110 of 2014 on the file of the second respondent Police.

For Petitioner :

Mr. D. Balamurugapandi For Respondent :

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

ORDER

The petitioner seeks for a direction to the Learned District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Ramanathapuram to accept the surrender of the petitioner / accused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.110 of 2014 on the file of the second respondent Police.

2. The petitioner is accused for offences punishable under Sections 3(1)(r) of SC/ST (POA) Amendment ordinance Act, 2014 r/w. 3(2) V (a) of SC/ST (POA) Amendment ordinance Act 2014, r/w. 323, 324 of IPC in Crime No. 110 of 2014.

3. The submissions made by Mr. D. Balamurugapandi, learned counsel for the petitioner and by 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 https://hcservices.ecourts.gov.in/hcservices/

irreparable hardship, this Court feels it appropriate to direct the learned District and Sessions Judge, Ramanathapuram to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To

1. The District and Sessions Judge/Special Court for SC & ST (Prevention of Atrocities) Act, 1989 Cases, Ramanathapuram.

2. The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District

3. The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai . +1cc to Mr.D.Balamurugapandi,Advocate, SR.No.10448 Crl.O.P(MD).No. 3772 of 2015 05.03.2015 trp PA/16.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/