Madras High CourtCRL OP(MD)/7367/2015disposed of

Kaliammal v. The Inspector Of Police

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.7367 of 2015 Kaliammal ... Petitioner/Accused No.2 Vs.

State rep. by The Inspector of Police, Karivalamvanthanallur Police Station, Tirunelveli District.

(Crime No.107/2015) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned Additional District Sessions Judge Cum P.C.R. Court, Tirunelveli, to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioner surrender before the Learned Additional District Sessions Judge Cum P.C.R. Court, Tirunelveli, in Crime No.107 of 2015 on the file of the respodnent .

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

O R D E R

The petitioner seeks a direction to the Additional District Sessions Judge Cum P.C.R. Court, Tirunelveli, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.107 of 2015 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 294(b),323,506(ii) of IPC r/w section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989.

3.The submissions made by Mr.M.Saravanan, 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, 1989, 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 Additional District Sessions Judge Cum P.C.R. Court, Tirunelveli, 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(Per.Admn.) /True Copy/ Sub-Assistant Registrar To 1.The Additional District Sessions Judge cum PCR Court, Tirunelveli.

2.The Inspector of Police, Karivalamvanthanallur Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.Saravanan, Advocate, in SR. No.20607. CRL.O.P.No.7367 of 2015 21.04.2015 pjl/vsn msm 28.04.2015 p2/5c https://hcservices.ecourts.gov.in/hcservices/