Madras High CourtCRL OP(MD)/8977/2015ordered

Siva@Sivakumar, v. 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 M.M.SUNDRESH CRL.O.P.No.8977 of 2015 1.Siva @ Sivakumar 2.Balamurugan ... Petitioners/A1 and A11 Vs.

The State through Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

Crime No.717 of 2015. ...Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District and Sessions Judge (PCR Cases), Virudhunagar District at Srivilliputhur to consider the bail application of the petitioners on the same day of surrender on merits in accordance with law in respect of the in Crime NO.717 of 2014 on the file of the respondent police.

For Petitioners : Mr.S.J.Chakkaravarthy For Respondent : Mr.A.P.Balasubramani Government Advocate,(Crl. Side)

O R D E R

The petitioners seek a direction to the learned Principal District and Sessions Judge (PCR Cases), Virudhunagar District at Srivilliputhur, to release the petitioners on bail, on the same day in the event of their surrender and filing bail application in Crime No.717 of 2014 pending investigation on the file of the respondent police. 2.The petitioners are accused for offences punishable under Sections 147, 148, 294(b), 323, 506(ii) IPC r/w Section 3(1)(r) (s) and 3(ii)(V)(a) of Scheduled and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014. 3.The submissions made by Mr.S.J.Chakkaravarthy, learned counsel for the petitioners and by Mr.A.P.Balasubramani, learned Government Advocate (Crl. Side) representing the respondent 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 Scheduled and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014, and that taking into custody of the petitioners pending consideration of his bail application could cause them irreparable hardship, this Court considers it appropriate to direct the learned Principal District and Sessions Judge (PCR Cases), Virudhunagar District at Srivilliputhur, 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/- Vacation Officer/ Assistant Registrar(T & P) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge (PCR Cases), Virudhunagar District at Srivilliputhur 2.The Inspector of Police,Sivakasi East Police Station, Virudhunagar District.

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

+1cc to Mr.Eddy & Emboss Law Firm ,Advocate Sr.No. 25110 ses AA/08.05.2015/2p -5c/ CRL.O.P.No.8977 of 2015 6.5.2015 https://hcservices.ecourts.gov.in/hcservices/