Madras High CourtCRL OP(MD)/8947/2015ordered

K.Viswanathan v. The Inspector Of Police

2015-05-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 6.5.2015

CORAM:

THE HONOURABLE MR. JUSTICE P.N.PRAKASH CRL.O.P.No.8947 of 2015 K.Viswanathan ...Petitioner/Sole Accused Vs.

The State Rep. by Inspector of Police, Watrap Police Station,Watrap, Virudhunagar District.

(Crime No.66 of 2015) ...Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned learned District and Sessions Judge (PCR Court), Virudhunagar District to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned court in pending investigation of Crime No. 66 of 2015 on the file of the Inspector of Police, Watrap Police Station, Virudhunagar District. For Petitioner : Mr.A.C.Asaithambi For Respondent : Mr.A.P.Balasubramani Government Advocate,(Crl. Side)

O R D E R

The petitioner seeks a direction to the learned District and Sessions Judge (PCR Court), Virudhunagar District, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Crime No.66 of 2015 pending investigation on the file of the respondent police. 2.The petitioner is accused for offences punishable under Sections 294(b), 506(i) of IPC r/w Section 3(1)(x) of SC/ST Act. 3.The submissions made by Mr.A.C.Asaithambi, learned counsel for the petitioner and by Mr.A.P.Balasubramani 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 SC/ST Act 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 learned District and Sessions Judge(PCR Court), Virudhunagar District, to consider the https://hcservices.ecourts.gov.

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(T&P) /True copy/ Sub Assistant Registrar ses To 1.The District and Sessions Judge (PCR Court), Virudhunagar District 2.The Inspector of Police,Watrap Police Station, Watrap, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to MR.A.C.ASAITHAMBI, ADVOCATE IN SR NO. 23111 CRL.O.P.No.8947 of 2015 6.5.2015 rg.08.05.2015 2p.5c.

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