Madras High CourtCRL OP(MD)/6114/2015closed

Pandi v. The Sub Inspector Of Police

2018-10-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T. SELVAM CRL.O.P.No.6114 of 2015 1.Pandi 2.Sankareshwari ... Petitioners/Accused No.1 & 2 Vs State represented by The Sub-Inspector of Police, Tirumangalam Town Police Station, Madurai District.

(Crime No.141 of 2015) ... Respondent Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned III Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Preventions of Atrocities)Act, 1989, Madurai District, to accept the surrender of the petitioner and consider the bail application and grant bail on the date of surrender itself in Crime No. 141 of 2015 on the file of the respondent.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.K.V.Rajarajan Government Advocate,(Crl. Side) *****

O R D E R

The petitioner seeks a direction to III Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Preventions of Atrocities)Act, 1989, Madurai District, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.141 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 323, 324, 355, 506(i) of IPC r/w section 3(i)(r)(s) 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.The submissions made by Mr.T.Vadivelan, learned counsel for the petitioner 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 petitioner, the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and that taking into custody of the petitioner pending consideration of his bail application could cause him irreparable https://hcservices.ecourts.gov.in/hcservices/

hardship, this Court considers it appropriate to direct the III Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Preventions of Atrocities)Act, 1989, Madurai District, 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(CO) \\True copy\\ Sub Assistant Registrar To

1. The III-Additional District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Preventions of Atrocities)Act, Madurai District, 2.The Sub-Inspector of Police, Tirumangalam Town Police Station, Madurai District.

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

+1cc TO MR.T.VADIVELAN,ADVOCATE SR.NO.16381 CRL.O.P.No.6114 of 2015 01.04.2015 PJ1/VS NA/09/04/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/