Madras High CourtCRL OP(MD)/5031/2015ordered

Vignesh 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.5031 of 2015 VIGNESH ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, D2 PERUNGUDI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.53 OF 2015) ... RESPONDENT/COMPLAINANT Criminal Original Petition filed under Section 482 Cr.P.C. praying directing the Learned III Additional District and Sessions Judge (Special Court for Scheduled castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Madurai District, to accept the surrender of the petitioner and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No.53 of 2015 dated 08.03.2015 on the file of Respondent.

For Petitioner :

Mr.K.Seemaraj For Respondents :

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

O R D E R

The petitioner seeks a direction to the III Additional District and Sessions Judge (Special Court for Scheduled castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Madurai District, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.53 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 324, 506(ii) of IPC and section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

3.The submissions made by Mr.K.Seemaraj, 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, 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 District and Sessions Judge https://hcservices.ecourts.gov.in/hcservices/

(Special Court for Scheduled castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Madurai District, 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 \\True copy\\ Sub Assistant Registrar To 1 The III Additional District and Sessions Judge (SC/ST) Madurai District,

2. THE INSPECTOR OF POLICE, D2 PERUNGUDI POLICE STATION, MADURAI DISTRICT.

3.The Additional Publice Prosecutor Madurai Bench of Madras High Court, Madurai.

+1 CC TO M/S.K.SEEMARAJ, ADVOCATE SR.NO.13077 CRL.O.P.No.5031 of 2015 18.03.2015 PJ1/AKV NA/20/03/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/