Madras High CourtCRL OP(MD)/7567/2015disposed of

Chellakannu 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.No.7567 of 2015 Chellakannu ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

2.State rep. by Inspector of Police, Thiruvonam Police Station, Thanjavur District.

(Crime No.87/2015) ... Respondents/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned I-Additional District and Sessions Judge (PCR Court),Thanjavur, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.87 of 2015 dated 10.04.2015 on the file of the respondent police.

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

O R D E R

The petitioner seeks a direction to the I-Additional 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.87 of 2015 pending investigation on the file of the second respondent police. 2.The petitioner is accused for offences punishable under Sections 294(b),324 of IPC and Section 3(1)TNPPDL Act and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989.

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3.The submissions made by Mr.S.Deenadhayalan, 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 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 I-Additional 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 1st Additional District & Sessions Judge, (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

3.The Inspector of Police, Thiruvonam Police Station, Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Deenadhayalan, Advocate, in SR. No.21053. CRL.O.P.No.7567 of 2015 22.04.2015 pjl/akv msm 22.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/