Ayyanar v. The Inspector Of Police

BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM CRL.OP(MD)No.396 of 2015 1.Ayyanar 2.Velkutty .. Petitioners/A1 and A2 Vs.

The State By the Inspector of Police S.V.Karai Police Station Tirunelveli District.

(Crime No.269 of 2014) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime No. 269 of 2014 on the file of the respondent pending investigation.

For Petitioners :

Mr.D.Venkatesh For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.269 of 2014 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 294(b), 323 and 506(ii) IPC r/w. 3(1)(x) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.The submissions made by Mr.D.Venkatesh, learned counsel for the petitioners and by Mr.K.V.Rajarajan, learned Government Advocate (Crl. Side) representing the respondent were heard. The materials available on record were also perused. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the nature of offences alleged against the petitioners, 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 petitioners pending consideration of their bail application could cause them irreparable hardship, this Court considers it appropriate to direct the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(C.O.,) /True Copy/ Sub-Assistant Registrar To 1.The II Additional District and Sessions Judge, (Special Court for PCR Cases), Tirunelveli.

2.The Inspector of Police, S.V.Karai Police Station, Tirunelveli District.

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

+1cc to Mr.D.Venkatesh, Advocate, in SR. No.1458. CRL.OP(MD)No.396 of 2015 12.01.2015 ses msm 22.01.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/