Madras High CourtCRL OP(MD)/7434/2015disposed of

Kumar 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.7434 of 2015 Kumar ... Petitioner Vs.

The State By the Inspector of Police, R.S.Mangalam Police Station, Ramnad District.

(Crime No.21/2015) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying direct the Principal District and Sessions Judge (Special Court for PCR Cases), Ramnad, to consider his bail application on the same day of his surrender in respect of Crime No.21 of 2015 on the file of the respondent Pending investigation and thus render justice. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.K.Anbarsan Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the Principal District and Sessions Judge (Special Court for PCR Cases), Ramnad, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.21 of 2015 pending investigation on the file of the respondent police.

2.The petitioner is accused for offences punishable under Sections 294(b)& 354 of IPC, Section 4 of TNPHW Act 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.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.

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) Amendment 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 the Principal District and Sessions Judge (Special Court for PCR Cases), Ramnad, 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/ https://hcservices.ecourts.gov.in/hcservices/ Sub- Assistant Registrar

To 1.The Inspector of Police, R.S.Mangalam Police Station, Ramnad District.

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

3.The Principal District and Sessions Judge (Special court for PCR cases), Ramnad.

+1cc to M/s.D.Venkatesh, Advocate in SR.No. 20530 Sm:28.04.2015:2P/5C CRL.O.P.No.7434 of 2015 21.04.2015 https://hcservices.ecourts.gov.in/hcservices/