Madras High CourtCRL OP(MD)/7535/2015disposed of

Mani v. The Deputy Superintendent Of

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.O.P(MD).No.7535 of 2015 1.Mani 2.Shek 3.Muneer 4.Thavood ... Petitioners /Accused No. 1 to 4 Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

2.State rep. by The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.271/2015) ... Respondents/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the III-Additional District Sessions Judge (PCR), Madurai, to consider the bail application of the Petitioners/Accused in Cr.No.271 of 2015 on the file of the Respondent Police on the same day of surrender on merits.

For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.K.Anbarasan Government Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the III-Additional District Sessions Judge Cum (PCR), Madurai, to release the petitioner on bail, on the same day in the event of their surrender and filing bail application in Cr.No.271 of 2015 pending investigation on the file of the second respondent police.

2.The petitioners are accused for offences punishable under Sections 294(b),342, 323,307 of IPC r/w section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act,2014.

3.The submissions made by Mr.S.Saravanakumar, learned counsel for the petitioners and by Mr.K.Anbarasan, learned Government Advocate (Crl. Side) representing the respondents were heard. The materials available on record were also perused.

https://hcservices.ecourts.gov.in/hcservices/ 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 III-Additional District Sessions Judge Cum (PCR), Madurai, 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 III Additional District Sessions Judge (PCR), Madurai 2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

pjl/akv IT TS/22.04.2015/2P-5C CRL.O.P(MD).No.7535 of 2015 22.04.2015 https://hcservices.ecourts.gov.in/hcservices/