Madras High CourtCRL OP(MD)/7421/2015disposed of

Minor Selvam, Rep By His 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.7421 of 2015 1 MINOR SELVAM, REP BY HIS FATHER 2 MINOR GOPI @ VELMURUGAN, REP BY HIS FATHER 3 MINOR AJITH, REP BY HIS FATHER 4 MINOR SARAN, REP BY HIS FATHER ... PETITIONERS/ACCUSED Vs.

THE STATE REP. BY THE INSPECTOR OF POLICE THOTTIAM POLICE STATION, THOTTIAM, TRICHY DISTRICT.

CRIME NO.94/2015 ...RESPONDENT/COMPLAINANT Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned Juvenile Justice Board (the Honourable III Judicial Magistrate) Tiruchirappalli, to accept the surrender of the petitioners and consider the petitioners bail applicaton and grant bail on the date of surrender itself in Crime No.94/2015 dated 09/04/2015 on the file of the respondent.

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

O R D E R

The petitioners seek a direction to the Juvenile Justice Board, IIIJudicial Magistrate, Tiruchirappalli, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No.94 of 2015 dated 09.04.2015 pending investigation on the file of the respondent police.

2. The petitioners are accused for offences punishable under Sections 147,509,323,435 of IPC r/w section 3(1)(r) & (8) 3 (2) (Va) 3(1)(w)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.

3. The submissions made by Mr.P.Ganapathi Subramanian 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.

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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 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 Juvenile Justice Board, III-Judicial Magistrate, Tiruchirappalli, 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 /True copy/ sub Assistant Registrar(C.S) To

1. THE JUVENILE JUSTICE BOARD, III-JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI, 2.THE INSPECTOR OF POLICE, THOTTIAM POLICE STATION, THOTTIAM, TRICHY DISTRICT.

3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to M/S.P.Ganapathi Subramanian, Advocate in SR.No. 20563 TS/28.04.2015/2P-5C CRL.O.P.No.7421 of 2015 21.04.2015 https://hcservices.ecourts.gov.in/hcservices/