Madras High CourtCRL OP(MD)/4787/2015ordered

Balakrishnan 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 HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.4787 of 2015 1.Balakrishnan 2.Karuthapandi ..Petitioners/Accusd (Rank not known) .. Vs ..

1.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

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

(Cr.No.49 of 2015) ..Respondents/Complainant Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned II Additional District & Sessions Judge(PCR Court), Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.49 of 2015, dated 04.03.2015 pending investigation on the file of the respondents. For Petitioners : Mr.S.R.A.Ramachandran For Respondents : Mr.K.V.Rajarajan Government Advocate(Crl. Side) - - - - -

ORDER

The petitioners seek a direction to the II Additional District & Sessions Judge(PCR Court), Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.49 of 2015 on the file of the second respondent. 2.The petitioners are accused for offences punishable under Sections 147, 294(b), 323, 506(ii) 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. 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. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The II Additional District & Sessions Judge(PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

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

+1CC to M/s.S.R.A.Ramachandran, Advocate in SR.12908 CRL.O.P.(MD)No.4787 of 2015 17.03.2015 pm PBK 19/03/2015 ::2P-6C:

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