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Madras High CourtCRL OP(MD)/6008/2015ordered

Laxmanan v. The Inspector Of Police

2015-03-31Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.6008 of 2015 1.Laxmanan 2.Vinoth .. Petitioners/Accused 1 and 2 .. Vs ..

State rep. by The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

(Crime No.138 of 2015) .. Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the learned III Additional Sessions Judge(PCR), Madurai, Madurai District, to accept the surrender of the petitioners and consider the bail application on merits on the date of surrender in Crime No.138 of 2015 on the file of the Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District on the very same day.

For Petitioners : Mr.M.Pitchai Muthu For Respondent : Mr.K.V.Rajarajan Government Advocate(Crl. Side)

ORDER

The petitioners seek a direction to the learned III Additional Sessions Judge(PCR), Madurai, Madurai District, to accept the surrender of the petitioners and consider the bail application on merits on the date of surrender in Crime No.138 of 2015 on the file of the Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District on the very same day.

2.The petitioners are accused for offences punishable under Section 294(b) of I.P.C r/w Section 3(1)(r)(s) of SC/ST Ordinance Amendment Act, 2014.

3.The submissions of the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for 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 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 learned III Additional Sessions Judge(PCR), Madurai, Madurai https://hcservices.ecourts.gov.in/hcservices/

District, 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.The III Additional Sessions Judge(PCR), Madurai, Madurai District.

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

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

+1cc to Mr.M.Pitchai Muthu,Advocate, SR.No.15986 CRL.O.P.(MD)No.6008 of 2015 31.03.2015 pm PA/01.04.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/