Madras High CourtCRL OP/10705/2016ordered

Durai @ Krishnamoorthy v. State By

2016-05-11Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.05.2016 CORAM :

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.10705 of 2016 Durai @ Krishnamoorthy .. Petitioner Vs.

State rep. by Inspector of Police Thirunavalur police station Villupuram District.

.. Respondent (Crime No.217 of 2016) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Villupuram to consider the bail application of the petitioner in Crime No.217 of 2016 on the file of the respondent police, on the same day of his surrender.

For Petitioners :Mr.C.Munusamy For Respondent: : Mr.M.Maharaja Additional Public Prosecutor

ORDER

Heard both sides.

2. The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 323, 324 and 379 IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, in Crime No.217 of 2016 on the file of the respondent police, moves this petition seeking a direction to the learned Principal District and Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Villupuram, to accept the surrender of the petitioner and consider his bail application on the same day on merits.

3. Perused the records.

https://hcservices.ecourts.gov.in/hcservices/

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.

5. Therefore, the learned Principal District and Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Villupuram, is directed to accept the surrender of the petitioner and consider his 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. kj/kkd s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.The Principal District and Sessions Judge (Special Judge for SC/ST (Prevention of Atrocities) Act, 1989), Villupuram. 2.Inspector of Police Thirunavalur police station Villupuram District.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.C.Munusamy, Advocate SR 7811 ks(co) prk17/5 Crl.O.P.No.10705 of 2016 https://hcservices.ecourts.gov.in/hcservices/