Madras High CourtCRL OP(MD)/5009/2015ordered

Manimuthu v. Inspector Of Police,

2015-03-18Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.(MD)No.5009 of 2015 MANIMUTHU ...PETITIONER/ACCUSED NO.6 Vs STATE REPRESENTED BY INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI CITY, MADURAI DISTRICT. ...RESPONDENT/COMPLAINANT (IN CRIME NO.131/13) Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned III Additional Sessions Judge cum special court (PCR Cases), Madurai, to consider the bail application filed by the petitioner in Crime No.131 of 2013 pending of the file of the respondent police on the same day of surrender and pass order. For Petitioner :

Mr.I.Sulthan Basha for M/s.R.Chandrasekar For Respondents :

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

O R D E R

The petitioner seeks a direction to the III Additional Sessions Judge cum special court (PCR Cases), Madurai, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.131 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 147, 148, 294(b), 324, 506(ii) of IPC and section 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act,1989. 3.The submissions made by Mr.I.Sulthan Basha, 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 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 III Additional Sessions Judge cum special court (PCR Cases), Madurai, 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 III ADDITIONAL SESSIONS JUDGE CUM SPECIAL COURT (PCR CASES), MADURAI.

2. THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI CITY, MADURAI.

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

+1CC to M/s.R.Chandrasekar, Advocate in SR.13624 CRL.O.P.No.5009 of 2015 18.03.2015 pj1/akv PBK 20/03/2015 ::2P-5C:

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