Madras High CourtCRL OP(MD)/4163/2015ordered

Dinesh @ Subathiram 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.4163 of 2015 1.Dinesh @ Subathiran 2.Gnanaprakasam 3.Chinnappa @ Sathish Kumar 4.Murugan ..Petitioners Vs.

State represented by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.53 of 2015) ..Respondent (Investigation by Deputy Superintendent of Police, Thiruvidaimaruthur Taluk, Thanjavur District) Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned First Additional District and Sessions Judge (Special Jude for P.C.R.Cases), Thanjavur, Thanjavur District to accept the surrender of the petitioners herein before him in Cr.No.53/2015 on the file of the respondent police and consider their bail application on the same day itself.

For Petitioners : Mr.A.Thiruvadi Kumar For Respondent : Mr.K.V.Rajarajan Government Advocate,(Crl. Side) *****

O R D E R

The petitioners seek for a direction to the learned First Additional District and Sessions Judge, (Special Judge for P.C.R.Cases), Thanjavur, Thanjavur District to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.53 of 2015 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 147, 148, 294(b), 323, 324 of IPC r/w Section 3(1)(s)& 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,2014. 3.The submissions made by Mr.A.Thiruvadi Kumar, 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 2014, 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 First Additional District and Sessions Judge (Special Judge https://hcservices.ecourts.gov.in/hcservices/

for P.C.R.Cases), Thanjavur, Thanjavur Dsitrict 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(Per Admn) /True copy/ Sub Assistant Registrar To 1.The 1st Additional District and Sessions Judge (Special Judge for PCR Cases), Thanjavur, Thanjavur District. 2.The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

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

+1CC to M/s.A.Thiruvadikumar, Advocate in SR.11110 CRL.O.P.No.4163 of 2015 09.03.2015 pj1 PBK 09/03/2015 ::2P-5C:(IT) https://hcservices.ecourts.gov.in/hcservices/