Madras High Court
Senivasan vs State Rep By on 23 June, 2014
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.06.2014 CORAM: THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM CRL.O.P.No.15822 of 2014 1. Senivasan 2. Mahalakshmi 3. Nallathambi 4. Sakthivel .. Petitioners vs. State rep by The Inspector of Police Valathi Police Station Villupuram District. .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal Sessions Judge, Villupuram, (The Special Judge for SC/ST Act cases) to consider petitioner's bail application in Crime No.141 of 2014 on the file of the Inspector of Police, Valathi Police Station, Villupuram Distirct, on their surrender, on the same day. For Petitioners : Mr.K.Murugesan For Respondent : Mr.C.Emalias Additional Public Prosecutor O R D E R
The petitioners seek a direction to learned Principal Sessions Judge, Villupuram, the Special Judge for SC/ST Act cases, to release them on bail, on the same day in the event of their surrender and filing bail application in Cr.No.141 of 2014 pending investigation on the file of the respondent police.
2.The petitioners are accused of offences punishable under Sections 147, 294(b), 323, 506(i) IPC r/w Section 3(1)(r) & (s) of the Scheduled Castes and The Scheduled Tribes Act, (Amendment Ordinance, 2014).
3.The submissions made by learned counsel for petitioners and 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 petitioners, the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes Act, (Amendment Ordinance, 2014) and that custody of the petitioners pending consideration of their bail application could cause them irreparable hardship, this Court considers it appropriate to direct the learned Principal Sessions Judge, Villupuram, the Special Judge for SC/ST Act cases, to consider the bail application of the petitioners on merits and pass appropriate order on the same day of their surrender.
5. Accordingly, the petition is ordered.
23.06.2014 gms Note: Issue tomorrow To
1.The Inspector of Police Valathi Police Station Villupuram District.
2.The Principal Sessions Judge, Villupuram.
3.The Public Prosecutor, High Court of Madras.
T.S.SIVAGNANAM,J.
gms CRL.O.P.No.15822 of 2014 23.06.2014