Madras High CourtCRL OP(MD)/6706/2015disposed of

Duraipandi v. The Deputy Superintendent Of

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.6706 of 2015 Duraipandi ... Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

2.The Inspector of Police, Sivakasi East Police Station, Sivakasi East, Virudhunagar District.

Crime No.02/2015. ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District Judge cum Special Judge for P.C.R. Cases, Virudhunagar District to consider the bail application of the petitioner/Accused if any filed by him on his surrender on the same day in Crime No.02 of 2015 on the file of the second respondent Police.

For Petitioner : Mr.M.Sankar For Respondents : Mr.K.Anbarsan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the Principal District Judge cum Special Judge for P.C.R. Cases, Virudhunagar District to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.02 of 2015 pending investigation on the file of the second respondent police. 2.The petitioner is accused for offences punishable under Sections 294(b),323 and 324 of IPC r/w section 3(1)(r)(s) & 3(II) (r)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act.

3.The submissions made by Mr.M.Sankar, learned counsel for the petitioner and by Mr.K.Anbarasan, learned Government Advocate (Crl. Side) representing the respondents were heard. The materials available on record were also perused.

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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 hardship, this Court considers it appropriate to direct the Principal District Judge cum Special Judge for P.C.R. Cases, Virudhunagar 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(A.S.,) /True Copy/ Sub-Assistant Registrar To 1.Principal District Judge cum Special Judge for P.C.R.Cases, Virudhunagar District, 2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The Inspector of Police, Sivakasi East Police Station, Sivakasi East, Virudhunagar District.

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

+1cc to Mr.M.Sankar, Advocate, in SR. No.19638. CRL.O.P.No.6706 of 2015 15.04.2015 pjl/ses msm 22.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/