Murugesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T. SELVAM CRL.O.P.No.4051 of 2015 1.Murugesh 2.Muthu Ganesh ... Petitioners/Accused 1 & 3 Vs State Rep. by The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

(Crime No.54 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(PCR Court), Tirunelveli, Tirunelveli District to accept the surrender of the petitioners herein before him in Cr.No.54/2015 on the file of the respondent police and consider their bail application on the same day itself.

For Petitioners :

Mr.R.Anand 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 (PCR Court), Tirunelveli, Tirunelveli District to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.54 of 2015 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 147, 294(b), 323, 506(i) IPC 4 of Harassment of Women Act and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3.The submissions made by Mr.R.Anand, 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.

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, 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(PCR Court), Tirunelveli, Tirunelveli District to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To

1. The II-Additional District and Sessions Judge(PCR Court), Tirunelveli, Tirunelveli District 2.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

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

+1cc to Mr.R.Anand,Advocate SR.No.10856 CRL.O.P.No.4051 of 2015 06.03.2015 pj1 PA/06.03.2015/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/