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Madras High CourtCRL OP(MD)/751/2015ordered

Sekar v. The Deputy Superintendent Of

2015-01-21Honourable Mr Justice C. T. Selvam2 pages

BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.751 of 2015 1.Sekar 2.Rajadurai 3.Gnanasekar .. Petitioners/A1 to A3 Vs.

State represented by The Deputy Superintendent of Police, Lalgudi Police Station, Trichy District, (Lalgudi PS Crime NO.21 of 2015) .. Respondent/Complianant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Sessions Judge (Special PCR Court) Trichy District to consider their bail application filed by the petitioners on the same day of surrender in Crime NO. 21 of 2015 on the file of the respondent police.

For Petitioners :

Mr.P.Ganapathi Subramanian For Respondent :

Mr.K.V.Rajarajan Government Advocate,(Crl. Side) *****

O R D E R

The petitioners seek for a direction to the learned Sessions Judge (Special PCR Court) Trichy District, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No. 21 of 2015 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 294(b), 323, 506(i) IPC r/w 3(1)(r), (s)3(2) (V a) SC/ST Act POA Amendment Ordinance, 2014.

3.The submissions made by Mr.P.Ganapathi Subramanian, learned counsel for the petitioners and by Mr.K.V.Rajarajan, learned Government Advocate (Crl. Side) representing the respondent were heard. The materials available on record were also perused. 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 SC/ST 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 learned Sessions Judge (Special PCR Court) Trichy District, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.

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5.The petition is ordered accordingly.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Sessions Judge (Special PCR Court) Trichy District 2.The Deputy Superintendent of Police,Lalgudi Police Station, Trichy District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.P.Ganapathi Subramanian, Advocate in SR.2638 CRL.O.P.No.751 of 2015 21.01.2015 ses PBK 28/01/2015 ::2P-5C:

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