Parthiban v. State Rep. By

CRL. O.P. NO.10950 of 2016 R.MAHADEVAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the alleged offences under Sections 379 of IPC r/w Section 21(1) of Mines and Minerals Act in Crime No.82/M1/2016 and seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, who is a minor, drove the motor cycle in a rash and negligent manner and dashed against one Nellaiappan, due to which, he sustained grievous injuries and subsequently died at hospital.

3.The learned counsel for the petitioner would submit that in connection with the alleged offence, petitioner's father was remanded before the learned Judicial Magistrate, Alandur and subsequently he was set at liberty considering the fact that the offence was made out only against his son under Section 304(A) IPC. He would further submit that the petitioner will surrender before the learned Judicial Magistrate, Alandur.

4.Learned Addl. Public Prosecutor submitted that on the date of surrender of the petitioner before the concerned Judicial Magistrate, Alandur, his bail application will be considered.

5. Considering the above facts and circumstances of the case and also considering the reasonable prayer made by the learned counsel for the petitioner, this Court directs the petitioner to surrender before the learned Judicial Magistrate Court, Alandur, on which date, the bail application filed by the petitioner be considered and necessary orders be passed on merits.

6. With the above direction, this petition is disposed of.

19.05.2016 msr/adl Note :Issue on 20.5.2016