Madras High CourtCRL OP(MD)/6520/2015disposed of

Ramalingam 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.6520 of 2015 Ramalingam ... Petitioner Vs.

State rep. by The Inspector of Police, Thirupoovanam Police Station, Sivagangai District.

Crime No.133/2015. ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Special Judge for SC/ST (PRevention of Atrocities) Act, Principal District and Sessions Judge, Sivagangai, to consider the bail application of the petitioner on the same day of his surrender in crime no.133 of 2015 on the file of the respondent police. For Petitioners : Mr.M.Ramu For Respondent : Mr.K.Anbarsan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.133 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b),323 of IPC r/w section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014. 3.The submissions made by Mr.M.Ramu, 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 (Prevention of Atrocities)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 Special Judge for SC/ST (Prevention of Atrocities)Act, Principal District and Sessions Judge, Sivagangai, 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 Special Judge for SC/ST (prevention of Atrocities) Act cases, Principal District and sessions judge, Sivagangai.

2.The Inspector of Police, Thirupoovanam Police Station, Sivagangai District.

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

+1cc to M/s.M.Ramu, Advocate in SR.No. 18455/15 pjl/skn Sm:20.04.2015:2P/5C CRL.O.P.No.6520 of 2015 10.04.2015 https://hcservices.ecourts.gov.in/hcservices/