Isakki Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.4993 of 2015 ISAKKI RAJA ... PETITIONER /2nd ACCUSED Vs THE STATE THROUGH THE INSPECTOR OF POLICE MUNNERPALLAM POLICE STATION, TIRUNELVELI TOWN, TIRUNELVELI. ... RESPONDENT/COMPLAINANT UNDER CR. NO. 49 OF 2015 Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the II Additional district judge (PCR Court), Tirunelveli to consider the petitioner's bail application in the same day of arrest or upon their surrender under 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 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 IPC r/w section 3(1)(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.

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 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.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(AE) \\True copy\\ Sub Assistant Registrar To

1. THE II ADDITIONAL DISTRICT JUDGE(PCR) TIRUNELVELI

2. THE INSPECTOR OF POLICE MUNNERPALLAM POLICE STATION, TIRUNELVELI TOWN, TIRUNELVELI.

3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC TO M/S.K.R.LAXMAN, ADVOCATE SR.NO.13508 CRL.O.P.No.4993 of 2015 18.03.2015 PJ1/AKV NA/20/03/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/