Madras High CourtCRL OP(MD)/4757/2015ordered

Kannan v. The Inspector Of Police

2015-03-13Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.O.P.No.4757 of 2015 1.KANNAN 2.ARAVIND 3.PERIYAMARUDHU ... Petitioners Vs THE INSPECTOR OF POLICE MIMISAL POLICE STATION, PUDUKKOTTAI DISTRICT.

CR.NO.29/2015 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Principal District & Sessions Judge PCR Court, Pudukottai, to consider the petitioners' bail application in Cr.No.29 of 2015 on the file of the respondent police on the same day of their surrender. For Petitioners : Mr.T.Lenin Kumar For Respondent : Mr.K.Anbarasan Government Advocate,(Crl. Side) *****

O R D E R

The petitioner seeks for a direction to the learned the Principal District & Sessions Judge PCR Court, Pudukottai, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.29 of 2015, pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b), 323, 429 of IPC r/w section 3(1)(r)&(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act,2014.

3.The submissions made by Mr.T.Lenin Kumar, 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) Amendment Ordinance Act,2014, 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 Principal District & Sessions Judge PCR Court, Pudukottai, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s) To

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PCR COURT, PUDUKKOTTAI. 2.THE INSPECTOR OF POLICE, MIMISAL POLICE STATION, PUDUKKOTTAI DISTRICT.

3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1cc to M/S.

T.LENIN KUMAR, Advocate in SR.No. 12258 TS/16.03.2015/2P-5C CRL.O.P.No.4757 of 2015 13.03.2015 https://hcservices.ecourts.gov.in/hcservices/