Asaimani @ Manikandan v. State rep. by Station House Officer P. C. R. Cell Puducherry
2011-11-29
A.ARUMUGHASWAMY
body2011
DigiLaw.ai
Judgment :- 1. This petition has been filed seeking for a direction to the learned II Additional District Judge, Special Court (II ADJ) for PCR Cases, Puducherry to release the petitioner on bail, on the same day in the event of his surrender and filing bail application in Cr.No.14 of 2010 pending investigation on the file of the respondent police. 2. The petitioner is an accused for offences punishable under Sections 148, 321,324, r/w Section 149 IPC and Section 3(i) (XIV) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Heard the submissions made by the learned counsel for the petitioner and perused the materials available on record. 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) Act, 1989 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 Principal District Sessions Judge, Villupuram to consider the bail application of the petitioner on merits and pass appropriate order on the same day of his surrender. Time for surrender 10 days. 5. The petition is ordered accordingly. A.ARUMUGHASWAMY, J. 1. The matter is listed today under the caption for being mentioned. 2. Mr.P.Sudhagar, learned Counsel for the petitioner submits that in the order passed by this Court in Crl.O.P.No.27720 of 2011 dated 29.11.2011, in the 4th paragraph, a direction was issued to the learned Principal District Sessions Judge, Villupuram instead of learned II Additional District Judge, Special Court (II ADJ) for PCR Cases, Puducherry. The said mistake has to be corrected. 3. Heard the learned Government Advocate (Crl. side) on the submissions made by the 4. In view of the submissions made on either side, in the 4th paragraph of the order of this Court dated 29.11.2011, the learned Principal District Sessions Judge, Villupuram is replaced and the same shall be read as the learned II Additional District Judge, Special Court (II ADJ) for PCR Cases, Puducherry. 5. The order in Crl.O.P.27720 of 2011 dated 29.11.2011 stands modified on the above terms.