Madras High CourtCRL OP(MD)/7345/2015disposed of

Sayyed Abudaheer v. The Deputy Superintendent Of

2015-04-21Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.No.7345 of 2015 Sayyed Abudaheer ... Petitioner/A-5 Vs.

The State rep. by 1.The Deputy Superintendent of Police, Dindigul District.

2.The Inspector of Police, Kodaikkanal Police Station, Dindigul District.

(Crime No.113/2015) ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the District and Sessions Judge (P.C.R. Cases), Dindigul District, to consider the bail application of the petitioner's on the same day of their surrender in Crime no.113 of 2015 on the file of the 2nd respondent Police.

For Petitioner : Mr.P.R.Prithviraj For Respondents : Mr.K.Anbarsan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the District and Sessions Judge (P.C.R. Cases), Dindigul District, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.113 of 2015 pending investigation on the file of the second respondent police.

2.The petitioner is accused of offences punishable under Sections 147,148,324,506(ii) of IPC r/w section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Ordinance Act,2014.

3.The submissions made by Mr.P.R.Prithviraj, 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.

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 the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Ordinance Act, 2014, 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 District and Sessions Judge (P.C.R. Cases), https://hcservices.ecourts.gov.in/hcservices/

Dindigul 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(RTI) /TRUE COPY/ Sub Assistant Registrar To 1.The District and Sessions Judge (P.C.R. Cases), Dindigul District.

2.The Deputy Superintendent of Police, Dindigul District.

3.The Inspector of Police, Kodaikkanal Police Station, Dindigul District.

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

+1cc to Mr.Prithiviraj,Advocate, SR.No.20444 CRL.O.P.No.7345 of 2015 21.04.2015 pjl/vsn PA/28.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/