Madras High CourtCRL OP(MD)/4599/2015ordered

Udayakumar v. The Deputy Superintendent Of

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T. SELVAM CRL.O.P(MD).No.4599 of 2015 1.Udayakumar 2.Uthira Madasamy 3.Muthu ... Petitioners Vs 1.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2.The Inspector of Police, Seithur Police Station, Rajapalayam Taluk, Virudhunagar District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special court for SC/ST Act) to accept the surrender in Cr.No.63/2015 pending on the file of the respondent police, along with the bail application and disposed the bail application on the same day on merits.

For Petitioner :

Mr.M.Saravanakumar For Respondents :

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

O R D E R

The petitioner seeks a direction to the learned District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special court for SC/ST Act) to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.63 of 2015 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 342, 294(b),323 of I.P.C. and 3(1)(r)(s)(v)and 3(ii)(5)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act. 3.The submissions made by Mr.M.Saravanakumar, learned counsel for the petitioner and by Mr.K.V.Rajarajan, learned Government Advocate (Crl. Side) representing the respondent 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 petitioner, the fact that anticipatory bail cannot be granted in respect of offences

punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)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 District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special court for SC/ST Act), 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(AS) \\True copy\\ Sub Assistant Registrar To 1 The District and Sessions Judge, Virudhunagar District at Srivilliputhur (Special court for SC/ST Act), 2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, Seithur Police Station, Rajapalayam Taluk, Virudhunagar District.

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

+1 CC TO M/S.M.SARAVANAKUMAR, ADVOCATE SR.NO.12618 CRL.O.P.No.4599 of 2015 17.03.2015 PJ1 NA/19/03/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/