Madras High CourtCRL OP(MD)/892/2015ordered

Mari @ Maridurai v. The Deputy Superintendent

2015-01-22Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.O.P.(MD)No.892 of 2015 1.Mari @ Maridurai 2.Kaliraj 3.Anthony Sami @ Anthony Raj .. Petitioners Vs.

1.The Deputy Superintendent of Police, Puliyankudi P.S.

Thirunelveli District.

2.State: rep.by The Inspector of Police, Chokkampatti Police Station, Thirunelveli District.

(Crime No.15 of 2015) .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned II Additional District and Sessions Judge (PCR Court) Thirunelveli, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.15/2015 dated 15.01.2015, pending investigation on the file of the respondents.

For Petitioners :

Mr.B.Baskar For Respondents :

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

O R D E R

The petitioners seek for a direction to the learned II Additional District and Sessions Judge (PCR Court) Thirunelveli, to accept their surrender and consider their bail application on the same day on merits in relating to Crime No.15/2015 dated 15.01.2015, pending investigation on the file of the respondents.

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

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

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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 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 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 II Additional District and Sessions Judge (PCR Court) Thirunelveli, 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(CO) \\True copy\\ Sub Assistant Registrar To

1. The II Additional District and Sessions Judge (PCR Court) Thirunelveli.

2.The Deputy Superintendent of Police, Puliyankudi Police Station Thirunelveli District.

3.The Inspector of Police, Chokkampatti Police Station, Thirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC TO M/S.B.BASKARAN, ADVOCATE SR.NO.2808 CRL.O.P.(MD)No.892 of 2015 22.01.2015 MPK NA/22/01/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/