Madras High CourtCRL OP(MD)/6660/2015disposed of

Kulanthai Rethinam v. The Inspector Of Police

2015-04-15Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.No.6660 of 2015 1.Kulanthai Rethinam 2.Palhasar 3.Sahayam 4.Stephen 5.Berkmance 6.Alex 7.Rayappan ... Petitioners Vs.

State rep. by The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai. ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Sessions Judge, Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities)Act, Sivagangai to consider the bail petition of the petitioners on the same day of their surrender in connection with Crime No. 81 of 2015 on the file of the respondent Police.

For Petitioner : Mr.V.Sasikumar For Respondents : Mr.K.Anbarsan Government Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the Sessions Judge, Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities) Act, Sivagangai, to release the petitioner on bail, on the same day in the event of their surrender and filing bail application in Cr.No.81 of 2015 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 147,148,294(b),323,324 of IPC r/w section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment and Ordinance Act,2014.

3.The submissions made by Mr.V.Sasikumar, learned counsel for the petitioners and by Mr.K.Anbarasan, learned Government Advocate (Crl. Side) representing the respondents 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)Amendment and Ordinance Act,2014, and that taking into custody of the petitioners pending consideration of their bail application could cause them irreparable hardship, this Court https://hcservices.ecourts.gov.in/hcservices/

considers it appropriate to direct the Sessions Judge, Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities)Act, Sivagangai, 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(T&P) /True Copy/ Sub- Assistant Registrar To 1.The Sessions Judge, Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities)Act, Sivagangai 2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.V.Sasi Kumar, Advocate in SR.No. 18768 pjl/ses Sm:20.04.2015:2P/5C CRL.O.P.No. 6660 of 2015 15.04.2015 https://hcservices.ecourts.gov.in/hcservices/