Madras High CourtCRL OP(MD)/4017/2015ordered

Sudalaimuthu @ Sudalai @ 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 HONOURABLE MR.JUSTICE C.T. SELVAM CRL.O.P.No.4017 of 2015 Sudalaimuthu @ Sudalai @ Makkali ... Petitioner/Accused Vs State Rep. by The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

(Crime No.24 of 2015) ... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned II-Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli District to accept the surrender and consider the bail application filed by the petitioner on the same day in Cr.No.24/2015 on the file of the respondent police. For Petitioner :

Mr.T.A.Ebenezer For Respondents :

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

O R D E R

The petitioner seeks a direction to the learned II-Additional District and Sessions Judge (Protection of Civil Rights), Tirunelveli District to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.24 of 2015 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 294(b), 323 IPC & Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3.The submissions made by Mr.T.A.Ebenezer, 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, 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 IIAdditional District and Sessions Judge(Protection of Civil Rights), Tirunelveli District to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(AS) \\True copy\\ Sub Assistant Registrar To 1.The II-Additional District and Sessions Judge Tirunelveli (Protection of Civil Rights), Tirunelveli District 2.The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

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

Copy to : The Section Officer, Criminal Section Madurai Bench of Madras High Court, Madurai.

+1 CC TO M/S.T.A.EBENEZER, ADVOCATE SR.NO.6535 CRL.O.P.No.4017 of 2015 06.03.2015 PJ1 NA/06/03/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/