Venkatachalam v. The State Through The
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.4953 of 2015 1.Venkatachalam 2.Siva @ Sivaperumal ... Petitioners/Accused Vs The State through the Inspector of Police, Munnerpallam Police Station, Tirunelveli Town, Tirunelveli.
In Cr.No.49 of 2015.
... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned II Additional District Judge (PCR Court), Tirunelveli to consider the petitioner's bail application on the same day of their surrender in Cr.No.49 of 2015, on the file of the respondent police.
For Petitioner :
Mr.K.R.Laxman 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 District Judge (PCR Court), Tirunelveli to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.49 of 2015 pending investigation on the file of the respondent police.
2.The petitioner is accused for offences punishable under Sections 147, 294(b),323, 506(2) of I.P.C. r/w 3(1)(r)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act. 3.The submissions made by Mr.K.R.Laxman, 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.
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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 II Additional District Judge (PCR Court), Tirunelveli, 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(T&P) /TRUE COPY/ Sub Assistant Registrar To
1. The II Additional District Judge (PCR Court), Tirunelveli.
2.The Inspector of Police, Munnerpallam Police Station, Tirunelveli Town, Tirunelveli.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.R.Laxman,Advocate, SR.No.12547 CRL.O.P.(MD)No.4953 of 2015 17.03.2015 pjl PA/19.03.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/