Kalathiyan v. The Inspector Of Police

MADURAI BENCH FO MADRAS HIGH COURT DATED: 12.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.4533 OF 2015 1.Kalathiyan 2.Arumugam 3.Mayil @ Mariappan .. Petitioners/A2,A3 and A4 Vs.

The Inspector of Police Tirunelveli Taluk Police Station Tirunelveli Distrit.

(Crime No.63 of 2015) .. Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned II Additional District & Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioners herein before him in Crime No.63 of 2015 dated 03/03/2015 on the file of the respondent police and consider their bail petition on the same day itself on merits.

For Petitioners :

Mr.J.Ashok for M/s.Jeyapaul Associates For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned Principal Sessions Judge, Salem to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No. 63 of 2015 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 294(b), 324, 307, 506(ii), 109 IPC & Section 3(2)(V) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/ Act, 1989.

3.The submissions made by Mr.J.Ashok, learned counsel for the petitioners and by Mr.K.Anbarasan, 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 II Additional District & Sessions Judge (PCR Court), Tirunelveli, 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(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The II Additional District & Sessions Judge (PCR Court), Tirunelveli.

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

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

+1cc to Mr.J.Ashok,Advocate, SR.No.11890 CRL.O.P.No.4533 of 2015 12.03.2015 ses PA/16.03.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/