P. Mahalingam v. The Inspector Of Police

BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD) No.529 OF 2015 P.Mahalingam .. Petitioner Vs.

The Inspector of Police Sindhupatti Police Staion, Madurai District.

(Crime No.2 of 2015) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the III Additional District and Sessions Judge PCR Court, Madurai to accept the surrender and consider his bail application on the same day on merit in connection with Crime NO.2 of 2015 on the file of the respondent and to pass such further or other orders as this Court may deem fit and proper in the circumstances of this case. For Petitioner :

Mr.P.Senguttuarasan For Respondent :

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

O R D E R

The petitioner seeks a direction to the learned III Additional District and Sessions Judge PCR Court, Madurai, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.2 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b), 323, 324 IPC r/w 3(1)(r)d(s) of SC/ST Amendment Ordinance Act 2014.

3.The submissions made by Mr.P.Senguttuarasan, 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. The learned Government Advocate would place objections submitting that the victim was suffered head injury and he is in ICU ward at hospital.

4.Considering the nature of offences alleged against the petitioner, the fact that anticipatory bail cannot be granted in respect of offences punishable under SC/ST 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 III Additional District and Sessions Judge PCR Court, Madurai , to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(co) /TRUE COPY/ Sub Assistant Registrar To 1.The III Additional District and Sessions Judge PCR Court, Madurai 2.The The Inspector of Police,Sindhupatti Police Station,Madurai District.

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

+1cc to Mr.P.Senguttuarasan,Advocate, SR.No.3880 CRL.O.P.No.529 of 2015 28.01.2015 ses PA/04.02.15/2P/5C https://hcservices.ecourts.gov.in/hcservices/