Madras High CourtCRL OP(MD)/4594/2015ordered

Sulakha Uduman v. The Inspector Of Police

2015-03-17Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.4594 of 2015 1.Sulakha Uduman 2.Jeenath .. Petitioners/Accused 1 & 2 .. Vs ..

The State, by the Inspector of Police, Suthamalli Police Station, Tirunelveli District.

(Crime No.41 of 2015) .. Respondent/Complainant Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the II Additional District and Sessions Judge(Special Court for PCR Cases), Tirunelveli to consider the petitioners' bail application on the same day of their surrender in respect of Crime No.41 of 2015 on the file of the respondent, pending investigation.

For Petitioners : Mr.D.Venkatesh For Respondents : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

ORDER

The petitioners seek a direction to the II Additional District and Sessions Judge(Special Court for PCR Cases), Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.41 of 2015 on the file of the second respondent.

2.The petitioners are accused for offences punishable under Sections 420, 341, 294(b) and 506(i) I.P.C r/w Section 3(1) (X) of SC/ST POA Act, 1989.

3.The submissions of the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents were heard. The materials available on record were also perused. https://hcservices.ecourts.gov.in/hcservices/

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 and Sessions Judge(Special Court for PCR Cases), 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 and Sessions Judge(Special Court for PCR Cases), Tirunelveli.

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

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

+1cc to Mr.D.Venkatesh,Advocate, SR.No.12502 CRL.O.P.(MD)No.4594 of 2015 17.03.2015 pm PA/19.03.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/