Madras High CourtCRL OP(MD)/4198/2015ordered

Kutralingam@Manikandan 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.4198 of 2015 1.Kutralingam @ Manikandan 2.Kasipandiyan 3.Thangaraj 4.Vijayakumar ... Petitioners/Accused No.1 to 3 & 5 Vs State through The Inspector of Police, Surandai Police Station, Tirunelveli District.

(Crime No.52 of 2015) ... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned Second Additional District and Sessions Judge, Tirunelveli to consider the bail application of the petitioners on the same day in Cr.No.52/2015 on the file of the respondent police Station. For Petitioners :

Mr.S.Mohamed Rafi For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned Second Additional District and Sessions Judge, Tirunelveli to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.52 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 & 506(ii) IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989. 3.The submissions made by Mr.S.Mohamed Rafi, 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 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 Second Additional District and Sessions Judge, Tirunelveli to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(AE) \\True copy\\ Sub Assistant Registrar To 1 The II Additional District and Sessions Judge, Tirunelveli.

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

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

+1 CC TO M/S.S.MOHAMED RAFI, ADVOCATE SR.NO.11123 CRL.O.P.No.4198 of 2015 09.03.2015 PJ1 NA/09/03/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/