Madras High CourtCRL OP(MD)/4122/2015ordered

Murugaiah Thevar v. The Inspector Of Police

2015-03-09Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.4122 of 2015 Murugaiah Thevar ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

(Crime No.84 of 2015) ... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned II-Additional District Judge(cum PCR Court), Tirunelveli District to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioner surrender before the learned II Additional District Judge cum PCR Court, Tirunelveli in Cr.No.84 of 2015 on the file of the respondent. For Petitioner :

Mr.K.Vinayagan 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 Judge (cum PCR Court), 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.84 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b), 323 and 506(i)of IPC & Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.The submissions made by Mr.K.Vinayagan, learned counsel for the petitioner and by Mr.K.V.Rajarajan, learned Government Advocate (Crl. Side) representing the respondent were heard. The materials available https://hcservices.ecourts.gov.in/hcservices/ 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 District Judge(cum PCR Court), Tirunelveli District 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(Per Admn.) /TRUE COPY/ Sub Assistant Registrar To

1. The II-Additional District Judge(cum PCR Court), Tirunelveli District.

2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

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

+1cc to Mr.K.Vinayagan, Advocate SR.No.11269 CRL.O.P.No.4122 of 2015 09.03.2015 pj1 PA/09.03.2015/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/