Madras High CourtCRL OP/10063/2016disposed of

S.Udhayakumar v. State Rep By

2016-04-29Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.10063 of 2016 1.S.Udhayakumar 2.S.Manimaran 3.M.Sathiyamoorthy 4.S.Sudhakar ... Petitioners Vs State Rep. by The Sub-Inspector of Police, Ambalur Police Station, Vaniyambadi Taluk, Vellore District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Principal District & Sessions Court, Vellore (Special Judge for Prevention of S.C. & S.T. Atrocities Act) to accept the surrender of the petitioners and consider their bail petition in Crime No.72/16.

For Petitioners :

Ms.D.Kalaivani For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

Heard both sides.

2. The petitioners, who apprehend arrest for the offences punishable under Sections 294(b), 323 and 342 IPC r/w 3(1) (s) of SC &ST (Prevention of Atrocities) Act, 1989, in Crime No.72 of 2016 on the file of the respondent police, move this petition seeking a direction to the learned Principal District and Sessions Judge (Special Judge for S.C. & S.T. Act), Vellore, to accept the surrender of the petitioners and consider their bail application on the same day on merits.

3. Perused the records.

4. The offences complained of, other than the offence under the Special enactment, may not be serious in nature warranting initial detention in jail, even before considering the bail application.

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5. Therefore, the learned Principal District and Sessions Judge (Special Judge for prevention of S.C. & S.T. Act), Vellore, is directed to accept the surrender of the petitioners and consider their bail application on the very same day purely on the basis of merits and in accordance with law.

6. Accordingly, this Criminal Original Petition is ordered. vsm -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Sub-Inspector of Police, Ambalur Police Station, Vaniyambadi Taluk, Vellore District.

2.The the Principal District & Sessions Court, Vellore (Special Judge for Prevention of S.C. & S.T. Atrocities Act)

3. The Public Prosecutor, High Court, Madras.

+2 ccs to M/s.D.Kalaivani, Advocate SR 27434 gj(II)co prk2/5 Crl.O.P.No.10063 of 2016 https://hcservices.ecourts.gov.in/hcservices/