Madras High CourtCRL OP(MD)/7514/2015disposed of

Abuthahir v. The Inspector Of Police

2015-04-22Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.OP(MD)No.7514 of 2015 Abuthahir ... Petitioner/Accused Rank Not Known Vs.

State rep. by The Inspector of Police, Papanasam Police Station, Thanjavur District.

(Crime No.78/2013) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned Principal District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.78 of 2013 pending investigation on the file of the respondent.

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.K.Anbarasan, Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the Principal District and Sessions Judge (PCR Court), Thanjavur, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.78 of 2013 pending investigation on the file of the second respondent police.

2.The petitioner is accused for offences punishable under Sections 147, 148, 294(b),323 of IPC r/w Section 3(1)PPDL Act r/w Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989.

3.The submissions made by Mr.P.Muthusamy, learned counsel for the petitioner 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 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) 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 Principal District and Sessions Judge (PCR Court), Thanjavur, 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(A.S.,) /True Copy/ Sub-Assistant Registrar To 1.The Principal District and Sessions Judge, (PCR Court), Thanjavur.

2.The Inspector of Police, Papanasam Police Station, Thanjavur District.

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

CRL.OP(MD).No.7514 of 2015 22.04.2015 pjl/akv msm 22.04.2015 p2/4c(IT) https://hcservices.ecourts.gov.in/hcservices/