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Madras High CourtCRL OP(MD)/920/2015ordered

Dharma @ Dharman v. The Inspector Of Police

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.920 of 2015 1.Dharma @ Dharman 2.Kumar 3.Ragu @ Raguvaran 4.Saranraj 5.Arabaleeswaran 6.Bala @ Balamurugan 7.Hariharan 8.Sakthivel .. Petitioners/Accused No.3 to 7,9,10 & 12 Vs.

State rep.by The Inspector of Police, Lalgudi Police Station, Trichy City (in Cr.No.33 of 2015) .. Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the I Additional District and Sessions Court / Special Court for SC./ST Act, Trichy, to accept the surrender of the petitioners along with bail application in Cr.No.33 of 2015 on the file of the respondent police herein and to dispose the bail application on the same day on merits.

For Petitioners :

Mr.V.Illanchezian For Respondent :

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

O R D E R

The petitioners seek for a direction to the I Additional District and Sessions Court / Special Court for SC./ST Act, Trichy, to consider the bail application to be filed by the petitioners on their surrender in Crime No.33 of 2015, on the file of the respondent on the same day on merits.

2.The petitioners are accused for offences punishable under Sections 147, 148, 294(b), 323, 324, of IPC., r/w 3(1)(r)&(S) 3(2)(Va) of SC/ST POA Amendment Ordinance 2014.

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.

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 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 I Additional District and Sessions Court / Special Court for SC./ST Act, Trichy, 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 I Additional District and Sessions Judge / Special Court for SC./ST Act, Trichy, 2.The The Inspector of Police, Lalgudi Police Station, Trichy City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC TO M/S.U.ILLANCHEZIAN, ADVOCATE SR.NO.2948 CRL.O.P.(MD)No.920 of 2015 22.01.2015 MPK NA/29/01/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/