Madras High Court
N.Eswaran vs The Deputy Superintendent Of Police on 23 March, 2015
Author: R.S.Ramanathan
Bench: R.S.Ramanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2015
CORAM:
The Hon'ble Mr.Justice R.S.Ramanathan
CRL.O.P.No. 7215 of 2015
N.Eswaran .. Petitioner
Vs.
1. The Deputy Superintendent of Police
Avinashi, Tiruppur District
2. The Inspector of Police,
Avinashi Police Station,
Crime No.84 of 2015
Tiruppur District .. Respondents
Criminal Original Petition filed under Section 482 Cr.P.C. seeking for direction upon the learned Principal Sessions Judge, Tiruppur to consider the bail application to be filed by the petitioner in Crime No.84 of 2015 on the file of the respondent police.
For Petitioner : Mr.Prabakar
For Respondents : Mr.M.Maharaja
Additional Public Prosecutor
*****
O R D E R
The petitioner seeks for a direction to the learned Principal Sessions Judge, Tiruppur, to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Crime No.84 of 2015, pending investigation on the file of the respondent-Police.
2. The petitioner is an accused for offence punishable under Sections 294 (b), 324, 506(ii) IPC read with Section 3(1) (r) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.
3. The submissions made by Mr.Prabakar, learned counsel appearing for petitioner and Mr.M.Maharaja, learned Additional Public Prosecutor representing the respondent 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 the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014, and that taking into custody of the petitioner pending consideration of his bail application could cause them irreparable hardship, this Court considers it appropriate to direct the learned Principal Sessions Judge, Tiruppur to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender.
5.Accordingly, the Criminal Original Petition is ordered.
23.03.2015 Note: Registry is directed to issue order copy on 24.03.2015 R.S.Ramanathan, J.
ssd To
1. The Deputy Superintendent of Police Avinashi, Tiruppur District
2. The Inspector of Police, Avinashi Police Station, Crime No.84 of 2015 Tiruppur District 3 The Public Prosecutor, High Court of Madras, Chennai.
CRL.O.P.No. 7215 of 201523.03.2015