Madras High CourtCRL OP(MD)/825/2015ordered

Nagaraj v. The Inspector Of Police

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.825 of 2015 1.Nagaraj 2.Paulraj 3.Sampath @ Santhosh Kumar 4.Kumaresan .. Petitioners/A1 to A4 Vs.

The State Rep. by Inspector of Police, Government College Hospital Police Station, Trichy City.

(Crime NO.12 of 2015) .. Respondent/Complianant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Additional District and Sessions Judge (PCR) Court, Trichy to consider the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of in Crime NO. 12 of 2015 on the file of the respondent police. For Petitioners :

Mr.T.Senthil Kumar For Respondent :

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

O R D E R

The petitioners seek for a direction to the learned Additional District and Sessions Judge (PCR) Court, Trichy, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Cr.No. 12 of 2015 pending investigation on the file of the respondent police.

2.The petitioners are accused for offences punishable under Sections 294(b), 447, 448, 354, 323, 324, 506(ii), 436 and 307 IPC r/w 3(1)(x) SC/ST Act and Section 4 of Tamilnadu Prohibition of Women Harassment Act. 3.The submissions made by Mr.T.Senthil Kumar, 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 Act 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 Additional District and Sessions Judge (PCR) Court, Trichy, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender. https://hcservices.ecourts.gov.in/hcservices/

5.The petition is ordered accordingly.

Sd/- Assistant Registrar(co) /True copy/ Sub Assistant Registrar ses To 1.The Additional District and Sessions Judge (PCR) Court, Trichy 2.The Inspector of Police, Government College Hospital Police Station,Trichy City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR. T.SENTHIL KUMAR, ADVOCATE SR NO.2521 CRL.O.P.No.825 of 2015 21.01.2015 RG.28/01/2015 2P.5C https://hcservices.ecourts.gov.in/hcservices/