Madras High CourtCRL OP(MD)/5022/2015ordered

Manikandan v. The 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.No.5022 of 2015 1.MANIKANDAN 2.MOOVENDAN 3.MARIAMMAL 4.NADHIYA 5.ANAND ...PETITIONERS /ACCUSED NO.1 TO 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALLINAGARAM POLICE STATION, THENI DISTRICT (CRIME NO.125 OF 2015) ...RESPONDENT /COMPLAINANT Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Principal Sessions Judge (Special Court for PCR Cases), Theni, to consider their bail application on the same day of their surrender in respect of Crime No.125 of 2015 on the file of the respondent.

For Petitioner :

Mr.D.Venkatesh For Respondents :

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

O R D E R

The petitioner seeks a direction to the Principal Sessions Judge (Special Court for PCR Cases), Theni, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.125 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, of the IPC r/w section 3(1)(r)(s) and 3(2)(V)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3.The submissions made by Mr.D.Venkatesh, 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 Principal Sessions Judge (Special Court for PCR Cases), https://hcservices.ecourts.gov.in/hcservices/

Theni, 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(AE) /True Copy/ Sub Assistant Registrar To 1.THE PRINCIPAL SESSIONS JUDGE, (SPECIAL COURT FOR PCR CASES), THENI

2. THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION, THENI DISTRICT.

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

+1cc to Mr.D.Veenkatesh,Advocate Sr.No. 12902 pj1/akv TS/20.03.2015/2p- 5c/ CRL.O.P.No.5022 of 2015 18.03.2015 https://hcservices.ecourts.gov.in/hcservices/