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Madras High CourtCRL OP(MD)/3874/2015ordered

Alagar Pandi v. The Inspector Of Police

2015-03-06Honourable Mr Justice C. T. Selvam2 pages

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.3874 of 2015 Alagar Pandi .. Petitioner .. Vs ..

State represented by The Inspector of Police, Kallikudi Police Station, Madurai District.

Crime No.12 of 2015. .. Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.12 of 2015 on the file of the respondent police.

For Petitioner : Mr.S.Sivaprakash For respondent : Mr.K.V.Rajarajan, Government Advocate(Crl. Side)

ORDER

The petitioner seeks a direction to the learned III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai to accept the surrender and consider the bail application filed by the petitioner on the same day in Crime No.12 of 2015 on the file of the respondent police. 2.The petitioner is an accused for offences punishable under Sections 323, 307 of I.P.C., r/w 3(2)(v) of SC/ST Prevention of Atrocities Act 1989 @ 147, 148, 323, 307 & 302 of IPC r/w 3(2)(v) of SC/ST Prevention of Atrocities Act, 1989.

3.The submissions made by Mr.S.Sivaprakash, 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 https://hcservices.ecourts.gov.in/hcservices/

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 III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai, 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(C.O.,) /True Copy/ Sub-Assistant Registrar To 1.The III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act, (PCR Unit) Madurai.

2.The Inspector of Police, Kallikudi Police Station, Madurai District.

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

CRL.O.P.(MD)No.3874 of 2015 06.03.2015 am msm 11.03.2015 p2/4c https://hcservices.ecourts.gov.in/hcservices/