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Madras High CourtCRL OP(MD)/4641/2015ordered

S.Thangaraj 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.4641 of 2015 S.Thangaraj ..Petitioner/Sole Accused Vs

1. The Deputy Superintendent of Police, Vilathikulam, Tuticorin District.

2. The Inspector of Police, Vilathikulam Police Station, Vilathikulam, Tuticorin District.

(Crime No.47 of 2015) ..Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned II-Additional Sessions Judge for P.C.R.cases, Tirunelveli to consider the bail application of the Petitioner/Sole Accused if any filed by him on his surrender on the same day in Crime No.47 of 2015 on the file of the second respondent police. For Petitioner :

Mr.R.Babu Jaganath For Respondents :

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

O R D E R

The petitioner seeks a direction to the learned II-Additional Sessions Judge for P.C.R.cases, Tirunelveli to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.47 of 2015, pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b), 506(i) of IPC r/w 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.The submissions made by Mr.R.Babu Jaganath, 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.

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,1989, 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 IIAdditional Sessions Judge for P.C.R.cases, Tirunelveli, to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To

1. The II-Additional Sessions Judge for P.C.R.cases, Tirunelveli.

2. The Deputy Superintendent of Police, Vilathikulam, Tuticorin District.

3. The Inspector of Police, Vilathikulam Police Station, Vilathikulam, Tuticorin District.

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

+1CC to M/s.R.Babu Jaganath, Advocate in SR.12595 CRL.O.P.No.4641 of 2015 17.03.2015 pj1 PBK 19/03/2015 ::2P-6C:

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