Senthil Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM CRL.O.P.No.4530 of 2015 SENTHIL KUMAR .. Petitioner Vs.

THE INSPECTOR OF POLICE, AVIYOOR POLICE STATION , VIRUDHUNAGAR DISTRICT.

(CR.NO.53 OF 2015) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Principal District Judge(PCR), Srivilliputhur, Virudhunagar District to accept the surrender of the Petitioner and consider the bail application on merits on the date of surrender in Cr.No.53 of 2015 on the file of the Inspector of Police Aviyoor Police Station Virudhunagar District on the same day. For Petitioner :

Mr.R.Udhayakumar For Respondents :

Mr.K.Anbarasan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the learned Principal District Judge(PCR), Srivilliputhur, Virudhunagar District to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.53 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 324, 427 and 506(ii) IPC r/w. 3(1)(r)(s), 3(II)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Ordinance Amendment Act.

3.The submissions made by Mr.R.Udhayakumar, learned counsel for the petitioner and by Mr.K.Anbarasan, 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) Ordinance Amendment 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 Principal District Judge(PCR), Srivilliputhur, Virudhunagar 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(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.

THE PRINCIPAL DISTRICT JUDGE(PCR), SRIVILLIPUTHUR, VIRUDHUNAGAR DISTICT.

2.

THE INSPECTOR OF POLICE, AVIYOOR POLICE STATION , VIRUDHUNAGAR DISTRICT.

3.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.R.Udhayakumar,Advocate SR.No.12145 CRL.O.P.No.4530 of 2015 13.03.2015 rj2 PA/13.03.2015/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/