Madras High CourtCRL OP(MD)/6432/2015disposed of

S.Packiyam@Baskaran v. The Inspector Of Police

2015-04-09Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.No.6432 of 2015 1.S.Packiyam@Baskaran 2.B.Arun ... Petitioners/Accused 2 & 1 Vs.

State rep. by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

Crime No.83/2015. ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge (PCR Cases), Srivilliputthur, Virudhunagar District to consider the bail application to be filed by the petitioner on the same day of surrender in crime no.83/2015 on the file of the respondent.

For Petitioners :

Ms.A.S.Rajeswari For Respondent :

Mr.K.Anbarsan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the District Sessions Judge (PCR),Srivilliputthur, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.83 of 2015 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 294(b), 109 of IPC r/w section 3(1)(r)(s)(za)(c) of the Scheduled Castes and Scheduled Tribes Amendment Ordinance Act, 2014. 3.The submissions made by Ms.A.S.Rajeswari, learned counsel for the petitioners and by Mr.K.Anbarasan, 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 petitioners, the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes Amendment Ordinance 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 District and Sessions Judge (PCR Cases), Srivilliputthur, Virudhunagar District to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar pjl/vsn To 1.The District and Sessions Judge, (PRC Cases), Virudhunagar District at Srivilliputhur.

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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

+1cc to M/S.A.S.RAJESHWARI,ADVOCATE IN SR NO. 17760 CRL.O.P.No.6432 of 2015 09.04.2015 rg.13.04.2015 2p.5c.

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