Madras High CourtCRL OP(MD)/5450/2015ordered

Anbarasan v. The Inspector Of Police

2015-03-24Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.(MD)No.5450 of 2015 1.Anbarasan 2.Jeyasakthi 3.Shieck 4.(*)Vijayapandi 5.Visagan .. Petitioners Vs.

State through by The Inspector of Police, K.Vilakku (Kandamanur Vilakku) Police Station, In Crime No.237/2014, Theni District.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the Principal District and Sessions Judge, Theni (PCR Act Cases) to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.237/2014 on the file of the respondent.

For Petitioners :

Mr.M.Subash Babu For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned Principal District and Sessions Judge, Theni (PCR Act Cases) to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.237/2014 on the file of the respondent. 2.The petitioners are accused for offences punishable under Sections 147, 148, 341, 294(b), 323, 336 and 506(ii) of IPC., r/w 3 (1)(r)(s) of SC/ST Amendment Ordinance 2014. 3.The submissions made by the learned counsel for the petitioners and by the learned Government Advocate (Crl. Side) representing the respondents were heard. The materials available on record were also https://hcservices.ecourts.gov.in/hcservices/ 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 the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 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 Principal District and Sessions Judge, (PCR Act Cases), Theni, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. 5.The petition is ordered accordingly.

Sd/- Assistant Registrar(Crl.Side) (*)Amended as per order of this Court dated 28.04.2015 made in MP(MD)NO.1/2015.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To To be substituted the order already despatched on 01.04.2015

1. The Principal District and Sessions Judge, Theni (PCR Act Cases)

2. The Inspector of Police, K.Vilakku (Kandamanur Vilakku) Police Station, Theni District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr.M.SUBASH BABU, Advocate, SR.No.23396 CRL.O.P.(MD)No.5450 of 2015 24.03.2015 MPK PA/31.03.2015/2P/5C RG.29.04.2015 2P.5C.

https://hcservices.ecourts.gov.in/hcservices/