Madras High CourtCRL OP(MD)/7062/2015disposed of

K.Singari Vadamalaimuthu v. The Deputy Superintendent Of

2015-04-16Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.No.7062 of 2015 1.K.Singari Vadamalaimuthu 2.S.T.Mani ... Petitioners Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinayakkanur, Theni District.

2.The Inspector of Police, Kurangani Police Station, Theni District.

Crime No.21/2015. ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District and Sessions Judge (PCR) Court, Theni District, Theni to consider the petitioners bail petition on merits upon the Petitioners surrender before the said court and enlarge the Petitioners on bail on the same day according to the law in Crime No.21 of 2015 on the file of the second respondent Police. For Petitioner : Mr.H.Velavadhas For Respondents : Ms.S.Prabha Government Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the Principal District and Sessions Judge (PCR) Court, Theni District, Theni, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.21 of 2015 pending investigation on the file of the second respondent police.

2.The petitioners are accused for offences punishable under Sections 341,323,324 of IPC r/w section 3(1)(r)&(s) r/w. 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Ordinance Act,2014.

3.The submissions made by Mr.H.Velavadhas, learned counsel for the petitioners and by Ms.S.Prabha, 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 petitioner, the fact that anticipatory bail https://hcservices.ecourts.gov.in/hcservices/

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 petitioners pending consideration of their bail application could cause them irreparable hardship,this Court considers it appropriate to direct the Principal District and Sessions Judge (PCR) Court, Theni District, Theni 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 Principal District and Sessions Judge (PCR) Court, Theni District, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinayakkanur, Theni District.

3.The Inspector of Police, Kurangani Police Station, Theni District.

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

+1cc to Mr.H.Velavadhas, Advocate in SR.No. 19075 pjl/ps Sm:20.04.2015:2P/6C CRL.O.P.No.7062 of 2015 16.04.2015 https://hcservices.ecourts.gov.in/hcservices/