Madras High CourtCRL OP(MD)/7236/2015disposed of

V.Nagarajbabu v. The Sub Inspector Of Police

2015-04-20Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.7236 of 2015 1.V.Nagarajbabu 2.R.Jothiraja 3.K.Guruvayur Appan ... Petitioners / Accused Nos.1to3 Vs.

The State Rep. by The Sub Inspector of Police, C5, Karimedu Police Station (L&O), Madurai City.

(Cr.No.404 of 2015) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned III-Additional District and Sessions Judge(PCR) Courts, Madurai to consider their bail application to be filed by the petitioners on merit and dispose the application on the same day in the event of their appearance before the Learned III-Additional District and Sessions Judge(PCR) Courts, Madurai in Crime No.404 of 2015 on the file of the Respondent / Police pending investigation.

For Petitioners : Mr.M.Murali For Respondent : Mr.K.Anbarasan Government Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the learned III-Additional District and Sessions Judge(PCR) Courts, Madurai to consider their bail application to be filed by the petitioners on merit and dispose the application on the same day in the event of their appearance before the Learned III-Additional District and Sessions Judge(PCR) Courts, Madurai in Crime No.404 of 2015 on the file of the Respondent / Police pending investigation. 2.The petitioners are accused for offences punishable under Sections 294(b), 353, 342, 324, 506(ii) IPC r/w 3(1) (q) Scheduled Castes and Scheduled Tribes (POA) Act 2014. 3.The submissions made by Mr.M.Murali, learned counsel for the petitioners and by Mr.K.Anbarasan, learned Government Advocate (Crl. Side) representing the respondent were heard. The materials available on record were also perused.

https://hcservices.ecourts.gov.in/hcservices/

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)Act, 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 learned III-Additional District and Sessions Judge(PCR) Courts, Madurai 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(AS) /True copy/ Sub-Assistant Registrar To 1.The III-Additional District and Sessions Judge(PCR) Courts, Madurai 2.The Sub Inspector of Police, C5, Karimedu Police Station (L&O), Madurai City.

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

+One cc to M/s.M.Murali, Advocate, SR.No.20997 pmu RL/5 c- 29/4/2015 CRL.O.P.No.7236 of 2015 20.04.2015 https://hcservices.ecourts.gov.in/hcservices/