Madras High CourtCRL OP(MD)/5489/2015ordered

Ramarajan v. The Deputy Superintendent Of

2015-03-25Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.O.P.No.5489 of 2015 Ramarajan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The Sub Inspector of Police, Palamedu Police Station, Palamedu, Madurai District.

(Crime No.44 of 2015) ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned III Additional Sessions Judge cum PCR Court, Madurai to accept the surrender of the petitioner herein before him in Crime No.44 of 2015 on the file of the second respondent police and consider the petitioner's bail application on the same day itself. For Petitioners : Mr.R.Murugan For Respondent : Mr.K.V.Rajarajan Government Advocate,(Crl. Side) *****

O R D E R

The petitioner seek for a direction to the Learned III Additional Sessions Judge cum 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.44 of 2015 pending investigation on the file of the second respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b),420,506(i) of I.P.C. and Section 4 of Tamil Nadu Women Harassment Act and Section 3(1)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act,2014. 3.The submissions made by Mr.R.Murugan, learned counsel for the petitioner and by Mr.K.V.Rajarajan, learned Government Advocate (Crl. Side) representing the respondents were heard. The materials available on record were also perused.

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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) Amendment Ordinance Act 2014, and that taking into custody of the petitioner's pending consideration of their bail application could cause him irreparable hardship, this Court considers it appropriate to direct the learned III Additional Sessions Judge cum PCR Court, Madurai, 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(C.S) To

1. The III Additional District and Sessions (PCR) Court, Madurai 2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Sub Inspector of Police, Palamedu Police Station, Palamedu, Madurai District.

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

+1cc to Mr.R.Murugan, Advocate in SR.No. 14797 TS/30.03.2015/2P-6C CRL.O.P.No.5489 of 2015 25.03.2015 https://hcservices.ecourts.gov.in/hcservices/