B.Mathivanan v. The Inspector Of Police

MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.5301 OF 2015 1.B.Mathivanan 2.L.Murugesan .. Petitioners/A1 & A3 Vs.

The State represented by The Inspector of Police Chathrapatti Police Station Dindigul District (Crime No.55 of 2015) .. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge (PCR Court), Dindigul District to consider the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime NO.55 of 2015 on the file of the Inspector of Police, Chatrapatti Police Station, Dindigul District.

For Petitioners :

Mr.D.Selvaraj For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned District and Sessions Judge (PCR Court), Dindigul District, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.55 of 2015 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 294(b), 324 and 506(ii) IPC and Section 3(1)(s) of SC/ST (POA) Amendment Ordinance 2014.

3.The submissions made by Mr.D.Selvaraj, learned counsel for the petitioners 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 petitioners, the fact that anticipatory bail cannot be granted in respect of offences punishable under SC/ST (POA) Amendment Ordinance 2014 and that taking into custody of the petitioners pending consideration of their bail application could cause them irreparable hardship, this Court considers it appropriate to direct the learned District and Sessions Judge (PCR Court), Dindigul District, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The District and Sessions Judge (PCR Court), Dindigul District 2.The Inspector of Police, Chathrapatti Police Station, Dindigul District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.D.Selvaraj,Advocate, SR.No.13976 CRL.O.P.No.5301 of 2015 23.03.2015 ses PA/25.03.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/