Madras High CourtCRL OP(MD)/5538/2015ordered

Baskar v. The Inspector Of Police

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.5538 of 2015 1.Baskar 2.Duraisamy 3.Gnanambal 4.Priya ... Petitioners/Accused 1 to 4 Vs State represented by The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.131 of 2015) ... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/Ist Additional District & Sessions Judge(PCR Court), Trichy to accept the surrender of the petitioners herein before him in Crime No.131 of 2015 on the file of the respondent police and consider their bail application on the same day itself.

For Petitioners : Mr.Joel Paul Antony For Respondent : Mr.K.V.Rajarajan Government Advocate,(Crl. Side) *****

O R D E R

The petitioners seek for a direction to the learned Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act/Ist Additional District & Sessions Judge(PCR Court), Trichy to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.131 of 2015 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 420,323 and 506(i) of I.P.C. and Section 4 of Women Harassment Act r/w Section 3(1)(r)(s) & (S)3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act,2014. 3.The submissions made by Mr.Joel Paul Antony, 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.

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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)Amendment Act 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 Special Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act/Ist Additional District & Sessions Judge(PCR Court), Trichy 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(CO) \\True copy\\ Sub Assistant Registrar To 1.TheSpecial Judge for SC/ST (Prevention of Atrocities) Act/Ist Additional District & Sessions Judge(PCR Court), Trichy 2.The Inspector of Police, Musiri Police Station,Trichy District.

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

+1cc to MR.A.JOEL PAUL ANTONY, ADVOCATE SR.NO.14696 CRL.O.P.No.5538 of 2015 25.03.2015 PJ1/VS NA/30/03/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/