Madras High CourtCRL OP(MD)/3773/2015ordered

Mariappan v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.3773 of 2015 Mariappan ..Petitioner .. Vs ..

The Inspector of Police, Alwarthirunagari Police Station, Tuticorin District, Crime No.396 of 2014.

..Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the II Additional Sessions Judge for SC/ST (Prevention of Atrocities Act) PCR Court, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Cr.No.396 of 2014 on the file of the Respondent police. For Petitioner : Mr.R.John Sathyan For respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side) - - - - -

ORDER

The petitioner seeks a direction to the learned II Additional Sessions Judge for SC/ST (Prevention of Atrocities Act) PCR Court, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Cr.No.396 of 2014 on the file of the Respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b), 323, 506(ii) IPC and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989. 3.The submissions made by Mr.R.John Sathyan, 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 II Additional Sessions Judge for SC/ST (Prevention of Atrocities Act) PCR Court, Tirunelveli 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/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The II Additional Sessions Judge for SC/ST (Prevention of Atrocities Act) PCR Court, Tirunelveli 2.The Inspector of Police, Alwarthirunagari Police Station, Tuticorin District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court Madurai.

+1CC to M/s.R.John Sathyan, Advocate in SR.9906 CRL.O.P.(MD)No.3773 of 2015 03.03.2015 am PBK 11/03/2015 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/