Madras High CourtCRL OP(MD)/6462/2015disposed of

Karuppaiah v. The Inspector Of Police

2015-04-10Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.No.6462 of 2015 Karuppaiah ... Petitioner/Accused No.2 Vs.

State rep. by The Inspector of Police, Thirmayam Police Station, Pudukottai District.

Crime No.45/2015. ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge, Pudukottai, to consider the bail application of the petitioner in crime no.45/2015 on the file of the respondent police on the same day of surrender on merits. For Petitioner :

Mr.A.Arun Prasad For Respondent :

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

O R D E R

The petitioner seeks a direction to the District and Sessions Judge, Pudukottai, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.45 of 2015 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 147, 294(b), 323, 354, 506(ii) of IPC r/w section 3(1)(r)&(s),(2)Va of the Scheduled Castes and Scheduled Tribes Amendment Ordinance Act, 2014. 3.The submissions made by Mr.A.Arun Prasad, learned counsel for the petitioner 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 petitioner, 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 petitioner's pending consideration of his bail application could cause him irreparable hardship, this Court considers it appropriate to direct the District and Sessions Judge, Pudukottai, 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(T&P) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub- Assistant Registrar

To 1.The District and sessions Judge, Pudukottai.

2.The Inspector of Police, Thirmayam Police Station, Pudukottai District.

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

+1cc to M/s.A.Arun Prasad, Advocate in SR.No. 18138 pjl/skn Sm:20.04.2015:2P/5C CRL.O.P.No.6462 of 2015 10.04.2015 https://hcservices.ecourts.gov.in/hcservices/