Madras High CourtCRL OP(MD)/7350/2015disposed of

Muruganadham 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.7350 of 2015 Muruganadham ... Petitioner/Accused No.2 Vs.

The State rep. by 1.The Deputy Superintendent of Police, Sub Division, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.136/2015) ... Respondents/Complainants Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the District Sessions Judge cum PCR Court, Sivagangai, to consider the petitioner's bail application on same day on his surrender in connection with Cr. No. 136 of 2015 on the file of the respondent.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.K.Anbarsan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the District Sessions Judge cum PCR Court, Sivagangai, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.136 of 2015 pending investigation on the file of the second respondent police. 2.The petitioner is accused for offences punishable under Sections 294(b),506(ii) of IPC r/w section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Amendment Act,2014. 3.The submissions made by Mr.D.Balamurugapandi, 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 https://hcservices.ecourts.gov.in/hcservices/

application could cause him irreparable hardship, this Court considers it appropriate to direct the District Sessions Judge cum PCR Court, Sivagangai, 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(AS) \\True copy\\ Sub Assistant Registrar To 1.The District & Sessions Judge(PCR court) Sivagangai. 2.The Deputy Superintendent of Police, Sub Division, Manamadurai, Sivagangai District.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

+1cc to MR.D.BALAMURUGAPANDIA, ADVOCATE SR.NO.20396 CRL.O.P.No.7350 of 2015 21.04.2015 PJ1/VSN NA/24/04/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/